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Article • January 15, 2001 • from PLN January, 2001
Seventh Circuit Rejects ETS Claim by The U.S. court of appeals for the Seventh Circuit held that a pretrial detainee's injuries from exposure to environmental tobacco smoke (ETS) were not sufficiently serious to support a due process claim, and that he could not recover for future injuries absent some showing …
Article • April 15, 1999 • from PLN April, 1999
$355,000 Verdict in New York Asthma Death by On November 23, 1998, New York court of claims judge Nicholas Midley Jr. awarded the family of Peter Farace $350,000 in damages for Farace's death and $50,000 in interest. Farace, 25, died of an asthma attack on February 9, 1986 at the …
Juvenile Crime Still Pays -- But at What Cost? by Alex Friedmann Juvenile Crime Still Pays – But at What Cost? by Alex Friedmann [Last February, PLN published a cover article, "Juvenile Crime Pays," concerning the proliferation of for-profit juvenile justice services. This month we revisit the topic following recent …
Guard Awarded $300,000 for ETS Exposure in ADA Suit by Afederal district court in New York held that an asthmatic prison guard was "disabled" under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., but compensation under 42 U.S.C. § 1981a(b)(3) could not exceed $300,000. The court …
Article • July 15, 1998 • from PLN July, 1998
$350,000 Awarded in Ohio Prisoner Death by $350,000 Awarded In Ohio Prisoner Death Sybil Norris, 29, was doing a six-month stretch for shoplifting at the Ohio Reformatory for Women when she died, needlessly, of an asthma attack. Two years later, in December 1997, the Ohio Court of Claims awarded $350,000 …
Ohio Prison Doctor Liable in Asthma Death by A federal district court in Ohio held that factual disputes required a trial to determine if Ohio DOC medical staff were liable in the death of a prisoner who died from an asthma attack. Ernest Davis was an Ohio state prisoner with …
Denial of Medical Diet States Claim by A federal district court in New York held that a prisoner who was denied a high fiber diet after undergoing a colostomy had stated a claim requiring a trial to resolve. John Mandala is a New York state prisoner who had the misfortune …
Guards' Smoke Violates Eighth Amendment by A federal district court in Illinois held that a guard deliberately blowing smoke into the face of a prisoner with respiratory ailments violates the eighth amendment. Clarence Walker is a 65 year old Illinois state prisoner who has emphysema, asthma and diabetes, among other …
Publication • 1996
Filed under: Medical, Respiratory
First Aid for Asthma, Allyn & Bacon, 1996 First Aid for Asthma What is an asthma attack? People with asthma have extra-sensitive airways. Triggers like dust, pollens, animals, tobacco smoke and exercise may make their airways swell and narrow, causing wheeze, cough and difficulty breathing. Sit the person comfortably upright. …
Article • January 15, 1996 • from PLN January, 1996
Maryland Medical Co-Pay Policy Upheld by In the November, 1995, issue of PLN we discussed case law and litigation strategy on challenging state laws requiring prisoners to pay for medical services. As more states pass such laws we foresee more litigation on the issue. A federal district court in Maryland …
Retaliatory Discipline Violates Due Process by A federal district court in New York has held that retaliatory infractions violate due process and that housing an asthmatic prisoner on an upper tier may violate the eighth amendment. Prison officials and detectives are also liable when they interrogate prisoners concerning crimes and …
Article • November 15, 1994 • from PLN November, 1994
Cooling Towers Spread Legionnaire's by The Federal Centers for Disease Control (CDC) has issued a report stating that cooling towers holding contaminated community water can lead to serious outbreaks of Legionnaire's disease, a pneumonia like illness that can be fatal. The bacteria causing the disease are spread by water or …
Article • November 15, 1994 • from PLN November, 1994
Overcrowding Leads to Pneumonia by On September 8, 1994, the New England Journal of Medicine published the report of an investigation conducted by the U. S. Centers for Disease Control and Prevention into the outbreak of a deadly form of pneumonia in the Harris County (Houston) jail in Texas in …
Article • November 15, 1992 • from PLN November, 1992
Medication Must Be Delivered in Timely Manner by Medication Must be Delivered in Timely Manner Raymond Aswegan is a 70 year old Iowa state prisoner serving a life sentence at the Iowa State Penitentiary. Aswegan has numerous health problems including coronary artery disease, arthritis, obstructive pulmonary disease and a history …
Johnson v. Pope, FL, Interrogatories, Wrongful Death by Gassing, 2012 Plaintiff’s First Interrogatories to Defendant Pope Defendant Jeffrey Pope will be referred to herein as “Defendant” or “you.” Department of Corrections is “Department” and Northwest Florida Reception Center is “Prison.” The pertinent date of the matter sued upon is September …
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