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Defendants Bear Burden of Proving Non Exhaustion by Defendants moved to dismiss for non-exhaustion supported by a conclusory affidavit stating that the plaintiff has not exhausted "without describing which claims plaintiff failed to exhaust. Inasmuch as exhaustion is an affirmative defense, defendants must raise and prove that plaintiff did not …
$275,000 Awarded to Washington Prisoner For Negligent Medical Care After Falling In Jail by $275,000 Awarded to Washington Prisoner For Negligent Medical Care After Falling In Jail Plaintiff and Washington State prisoner Michael Shea fell in jail injuring his spine and causing permanent damage. He brought action against the City …
Article • May 15, 2007
10th Circuit Reverses Sua Sponte Medical Claim Dismissal by The Tenth Circuit Court of Appeals reversed a lower courts sua sponte dismissal of a Utah prisoner's deliberate indifference action, for failure to state a claim. Utah prisoner Joe Martinez has a cyst on his left testicle and epididymis of his …
U.S. Supreme Court: Failure to Exhaust Remedies Is an Affirmative Defense Under the PLRA by John Dannenberg by John E. Dannenberg A unanimous U.S. Supreme Court held on January 22, 2007 that when a prisoner files an action governed by the Prison Litigation Reform Act (PLRA), the question of whether …
Article • May 15, 2007
Beating States Claim by The court of appeals for the Ninth circuit held that a district court erred in dismissing a Hawaii prisoner's lawsuit for failing to state a claim. The plaintiff claimed he was beaten by guards and then denied medical care for injuries he sustained in the beating. …
Article • May 15, 2007
Damages Denied, Surgery Ordered in Prisoner Medical Claim by The U.S. Eighth Circuit Court of Appeals affirmed a Missouri District Court's denial of damages in a prisoner's 42 U.S.C. §1983 medical claim but reversed the denial of equitable relief. Van Johnson was a prisoner at the Missouri State Penitentiary (MSP). …
Divided Tenth Circuit Panel Reverses Jail Prisoner's Dismissed Claims by In a decision producing three separate opinions, a panel of the U.S. Tenth Circuit Court of Appeals has partly reversed a Kansas Federal District Court decision dismissing a former prisoner's claims against the Wyandotte County [Kansas] Jail. Wesley I. Purkey …
Article • May 15, 2007
Dismissed Medical Claims Reversed by Federal Tenth Circuit by The Tenth Circuit Court of Appeals has reversed a Kansas Federal District Court's dismissal of a state prisoner's 42 U.S.C. §1983 complaint. Donald Halpin is a Kansas Department of Corrections (KDOC) prisoner transferred from the Florida Department of Corrections under the …
Article • May 15, 2007
Directed Verdict of Prisoner's Failure to Treat Medical Need Claim Reversed by The Eleventh Circuit Court of Appeals reversed a district court's grant of a directed verdict on a prisoner's Eighth Amendment claim of denial of medical treatment. The suit was brought against officials at the Georgia State Prison and …
Dismissal Denied in Suit Against Alabama Sheriff and County in Detainee's Death From Lack of Medical by Dismissal Denied in Suit Against Alabama Sheriff and County in Detainee's Death From Lack of Medical Treatment. An Alabama federal district court held that a county can be held liable for failing to …
Article • May 15, 2007
Florida Jail Detainee Entitled to Clean Cell, Medical Diet by A Florida Federal District Court held a pretrial detainee at the Monroe County Jail stated claims for unconstitutional conditions and medical treatment in his 42 U.S.C. § 1983 action. The matter was before the court after the magistrate judge recommended …
Article • May 15, 2007
Officials Engaged in Routine Medical Procedures not Deliberately Indifferent; Supervisors May be Liable by The Second Circuit Court of Appeals has held that persons engaged in the performance of routine medical procedures were not deliberately indifferent to the plaintiff prisoner's serious medical needs in this case. Supervisory prison officials, however, …
Article • May 15, 2007
$28,500 Paid in Florida Jail Prisoner's Medical Negligence Claim by On October 13, 1986, Neal D. Braude cut open his little finger on his right hand at the Florida Dade County Jail. Jail personnel failed to treat the injury. The hand eventually became infected and required three surgical procedures that …
Article • May 15, 2007
$100,000 Paid to Arizona Prisoner for Failure to Treat Dental Problem by Danny W. Thompson, a prisoner at Arizona's Winslow Prison, suffered from severe periodontal disease when he requested medical assistance in January 1993. Thompson self-extracted 5 teeth prior to being seen by a dentist in May 1993. His lawsuit …
Article • May 15, 2007
$10,000 Paid for Failure to Perform Washington Prisoner's Surgery by Washington Prisoner Austin Mora-Gonzales sued officials of the Washington Department of Corrections for failing to perform their duty to provide him with surgery or ameliorate the pre-existing spinal condition he had. On October 10, 2002, the WDOC settled the suit …
Article • May 15, 2007
Differing Medical Opinions Not Deliberate Indifference by The Ninth Circuit has held that differing medical opinions do not constitute deliberate indifference. In November 1986, while at the Maricopa County Jail in Arizona, Douglas Eric Sanchez was diagnosed with chronic perirectal abscess and told he would require surgery. Before receiving an …
Failure to Accommodate Blind Prisoner Violates ADA by A Florida federal district court has held that a private medical contractor, EMSA Correctional Care, Inc. (EMSA), and Sheriff Ken Jenne violated a blind prisoner's rights under the Eight Amendment and the American with Disabilities Act (ADA) when they failed to provide …
Delay in Treating Broken Foot States Cause and Shows Deliberate Indifference by The Eleventh Circuit Court of Appeals held that the delay of a few hours in treating a prisoner's broken foot states a constitutional claim. This action was filed by a prisoner of the Hamilton County Jail. The prisoner …
California Prisoner's Death From Untreated Tonsilitis Results In $725,000 Settlement by California Prisoner's Death From Untreated Tonsilitis Results In $725,000 Settlement On March 30, 1999, California Forensic Medical Group (CFMG) and two doctors agreed to pay a total of $725,000 to settle claims against them arising from a prisoner's death …
Illinois Prisoner States Claim Against Prison Doctors by The United States District Court for the Northern District of Illinois held that an Illinois prisoner stated a claim under the Eighth and Fourteenth Amendments against prison doctors, and that the doctors were immune in their official capacities. Jackey Bond, an Illinois …
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