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$500,000 Settlement After BOP Failed To Diagnose Employee's Tumor by Minnesota Bureau of Prisons (BOP) employee Ruth Sonnek brought a federal tort action against the United States in 2000 after BOP medical examiners failed to diagnose and treat her for a tumor. Their pre employment x ray clearly showed that …
Child's Fingertip Amputated After Guard's Negligence by Wisconsin resident Evonie Bean, guardian of injured minor Tianna Fudge, brought a federal tort action against the United States in 2001 after Fudge's fingertip was caught in a prison door and severed while at a prison visit. Details of the 2003 settlement agreement …
Federal Prisoner's Suit Settles For $1,500 after Falling From Bunk by Virginia federal prisoner Glen Francis brought a federal tort action in 1995 for $200,000 after being injured at FCI Petersburg while climbing down from his bunk. The suit settled for $1,500. Francis was on his top bunk when FCI …
Federal Officials' Refusal To Treat Prisoner's Severed Tendon Settles For $22,500 by Virginia federal prisoner Chris Walker brought a federal tort action against the United States in 1998 after various officials refused to treat his severed Achilles tendon. Jail and prison officials, as well as Bureau of Prisons personnel ignored …
Article • February 15, 2009
$5,000 Settlement For Leavenworth Guards' Unprovoked Beating Of Federal Prisoner by Illinois federal prisoner Kerry Dixon brought a combined Bivens and federal tort action against the United States in 1994 after guards beat him without just cause at the United States Penitentiary in Leavenworth, Kansas (USP Leavenworth) in 1993. The …
Article • February 15, 2009
$11,000 Settlement For Failure To Treat Federal Prisoner's Hepatitis "C" Virus by Illinois federal prisoner Louis Sheptin brought a combined federal tort and Bivens action against the United States in 2000 for the failure to treat and disclose to him that he was infected with Hepatitis "C." The $10 million …
$125,000 Settlement In BOP Guard Induced Prisoner's Death by Parents of deceased ex Kentucky federal prisoner, Marcus Dascenzo, brought a federal tort action against the United States in 2002 after a guard's failure to treat their son resulted in his death. After the Department of Justice's initial refusal to pay …
PLRA Requires Grievance Exhaustion for ADA/RA Claims by The Ninth Circuit Court of Appeals has joined the Sixth Circuit in holding that the Prison Litigation Reform Act (PLRA) requires exhaustion of Americans with Disabilities Act (ADA) and Rehabilitation Act (RA) claims. Nevada prisoner Roy O’Guinn had a history of mental …
ACLU Request for Investigation into Violations at the Reeves County Detention Center, 2009 February 5, 2009 VIA EMAIL: inspector.general@usdoj.gov Glenn A. Fine Department of Justice Office of the Inspector General ATTN: Civil Rights & Civil Liberties Complaints 950 Pennsylvania Ave., NW Room 4706 Washington, DC 20530 Re: Request for Investigation …
Arkansas Juvenile Center Continues Violating Rights Despite 2003 Court Enforceable Agreement by Bob Williams By Bob Williams Arkansas protection and advocacy group Disability Rights Center (DRC) reported on conditions at the Alexander Youth Services Center (Center) in 2006. The programs at the Center were determined inadequate and discriminatory in some …
Untreated Diabetic Los Angeles Jail Detainee May Sue for Failure to Provide Medical Care by by John E. Dannenberg The California Court of Appeal, Second District, has held that a diabetic Los Angeles jail detainee who was denied medical care for over 24 hours could sue the Los Angeles Sheriff’s …
Administrative Exhaustion “Yardstick” Under PLRA is Prison Grievance Procedures by by David Reutter The Third Circuit U.S. Court of Appeals has held in an unpublished ruling that the determination as to whether a prisoner has “properly” exhausted a claim is based on an evaluation of the prisoner’s compliance with institutional …
Article • January 15, 2009
Delaware Prisoner’s Medical Claim Reinstated by by David M. Reutter The Delaware Supreme Court has reversed a New Castle County Superior Court’s summary dismissal of a prisoner’s lawsuit raising medical negligence and constitutional claims, which alleged prison authorities had failed to treat his serious medical needs. Delaware Correctional Center (DCC) …
Medical Contractors Are Not State Employees Under Nebraska Law by The Eighth Circuit Court of Appeals has held that a contract medical service provider is not a state employee under Nebraska law; thus, a prisoner is not required to exhaust administrative remedies under the Nebraska State Tort Claims Act (NSTCA) …
Brief • January 1, 2009
Rosen v. New York, NY, Pltff Motion, Opp to MSJ, 2009 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------X JESSE ROSEN, Plaintiff, -againstTHE CITY O FNBEW YORK, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, PRISON HEALTH SERVICES, INC., MARTIN F. HORN, Commisioner of the New York City of …
Rice v. City and County of Denver Co, Order Denying Def Mot for Protective Order, Wrongful Death, 2008 Westlaw Delivery Summary Report for SATAWA,MARK Date/Time of Request: Client Identifier: Database: Citation Text: Lines: Documents: Images: Friday, December 26, 2008 12:51 Eastern TMLOEB DCT Slip Copy 442 1 0 The material …
Article • December 15, 2008 • from PLN December, 2008
$4.45 Million Verdict in Meningitis Death of Cook County Jail Prisoner by David Reutter $4.45 Million Verdict in Meningitis Death of Cook County Jail Prisoner by David M. Reutter An Illinois federal jury awarded $4.45 million to the mother of a prisoner who died at the Cook County Jail. The …
Massachusetts Jail Conditions Unconstitutional Says U.S. Department of Justice by Gary Hunter A report released by the U.S. Justice Department (USJD), on May 1, 2008, concluded that conditions in the Worcester County Jail and House of Correction (HOC) in Massachusetts violated the constitutional rights of prisoners in its custody. The …
Martinez v. Garcia, IL, Complaint, Medical Neglect, 2008 Case: 1:08-cv-02601 Document #: 47 Filed: 11/07/08 Page 1 of 19 PageID #:336 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JOHN MARTINEZ, Case No.: 08CV2601 Plaintiff, Judge Shadur Magistrate Judge Cole V. TAMMY GARCIA, DR. PARTHASARATHI GHOSH, DR. LATANYA …
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