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Article • May 15, 2007
New York Prisoner Awarded $12,500 For Inadequate Ulcer Treatment by In June 1998, a New York court of claims awarded $12,500 to state prisoner who claimed he received substandard medical care while imprisoned. The plaintiff claimed that in December 1994 prison medical personnel inadequately treated his simple ulcer. The defendants …
Article • May 15, 2007
Failure to Treat Mild Paid Doesn't State Claim by The plaintiff cut his mouth on a piece of metal in his food. He got a tetanus shot and x-rays to make sure he hadn't swallowed any metal. He then went on a hunger strike and during that time complained about …
$150,000 Verdict in Failure to Train Suit for Withdrawal Death of CT Jail Prisoner by $150,000 Verdict in Failure to Train Suit for Withdrawal Death of CT Jail Prisoner A jury awarded $150,000 to the estate of a 41 year old Polish prisoner who died in his jail cell of …
Article • May 15, 2007
Jury Entitled to Hear of Plaintiff's Medical Condition in False Arrest Case by Police officers who falsely arrested the plaintiff, allegedly with knowledge of his heart condition, were not entitled to an order in limine excluding evidence of his medical condition, since there is enough evidence that their actions were …
Article • May 15, 2007
Jail Not Liable for Arrestee's Cocaine Overdose Death by The decedent died in jail of a cocaine overdose after denying that he had ingested cocaine (though there was an empty plastic bag with drug residue around it at the scene of his arrest) and refusing medical treatment. At 686-87: ". …
Delay of Treatment for Spinal Injury Suit Dismissed by The plaintiff alleged that his requests for medical treatment for two and a half months (after which he was found to have a severely ruptured disk) constituted deliberate indifference. The plaintiff's claims against the Sheriff is dismissed for lack of any …
Delay in Treating Spinal Injury Survives Summary Judgment by The plaintiff injured himself in a fall, sustaining a spinal cord injury resulting in incontinence and other consequences. At 1221-22: "A delay in providing medical treatment is not actionable unless it is occasioned by 'deliberate indifference which results in substantial harm.' …
Beating, Tasering Claim Withstands Summary Judgment by The plaintiff alleged that he was beaten and repeatedly shocked with an electric stun gun by staff without justification and while he was in restraints. These allegations are sufficient to defeat summary judgment for defendants since the conduct alleged is "repugnant to the …
Article • May 15, 2007
Jail Delay in Treating Injured Hand Okay by The pro se plaintiff alleged that he was in pain from an unspecified injury to his hand. His hand was x-rayed and he was told it was "just swollen." He continued to complain of pain, a specialty consult was ordered, the order …
Delaware DOC Denial of Medical Diet Suit Proceeds by The plaintiff filed a grievance in September 1998, almost four years before the defendants moved to dismiss for non-exhaustion, and had received no response. There's no futility exception to the PLRA exhaustion requirement. At 602: However, this Court has held that …
Administrative Exhaustion in Medical Neglect Claims Discussed by The plaintiff complained of medical neglect during a period in which he was transferred among facilities; he filed two grievances and exhausted them. Defendants argued that he did not sufficiently exhaust all the occurrences at all the prisons. The court addresses a …
Article • May 15, 2007
$210,000 Awarded in Tennessee Jail Heat Stroke Death by A federal district court in Tennessee awarded $100,000 in compensatory and 110,000 in punitive damages to the children of a prisoner who died of heat stroke in the Chattanooga jail in Tennessee. Court held that jail's failure to take remedial action …
No Right to Medical Care beyond that Given by Prison by No Right to Medical Care Beyond that Given by Prison The court of appeals for the Ninth circuit held that a Washington prisoner who died of a heart attack had no constitutional right to medical care beyond that given …
KY Guards Found Liable in Denial of Medical Care. by The Sixth Circuit Court of Appeals held Hardin County, Kentucky was not liable in a prisoner's denial of medical care claim, but upheld an award against two guards. Prior to his incarceration in the Hardin County Jail, the prisoner had …
Mississippi Prison and Jail Officials Immune From Medical Neglect Suits by The Mississippi Supreme Court held that prison medical personnel are immune from any suit brought by a prisoner alleging negligence or wrongful death. This suit was brought by the estate of a Mississippi prisoner who died of meningitis. The …
Article • May 15, 2007
Dismissal for Local Rule Violation Reversed in OK Jail Beating by The Tenth Circuit Court of Appeals held the dismissal of a complaint for violation of a local rule of procedure is too harsh, that Oklahoma's two- year statue of limitations applies to §1983 suits, and that the prisoner stated …
Article • May 15, 2007
Failure to Administer Medication as Prescribed not Actionable by The Seventh Circuit Court of Appeals held that a guard's failure to administer medication exactly as prescribed, without additional exacerbating hardships, does not violate the Eighth or Fourteenth Amendments. This 42 U.S.C §1983 action was brought by a pretrial detainee at …
Article • May 15, 2007
Jury Instruction And Exclusion Of Jail Standards Upheld In Failure To Protect Suit by Jury Instruction And Exclusion Of Jail Standards Upheld In Failure To Protect Suit The US Court Of Appeals for the Eighth Circuit held that a US District Court did not err in excluding jail standards and …
Article • May 15, 2007
Filed under: Medical, Pain, ENT, Failure to Treat
$850 Paid in Prisoner's Medical Failure to Treat Claim by Samuel L. Page, Jr., a prisoner at Washington's Airway Heights Correctional Center, suffered from enlarged parotid glands that caused him severe pain and suffering. He filed a 42 U.S.C. §1983 claim alleging Eighth Amendment violations for failure to treat his …
Forcing Disabled Prisoner to Work Violates Eighth Amendment by The court of appeals for the Eighth circuit held that a district court properly dismissed an Arkansas prisoner's claim that he was not properly awarded good time credits under state law. The court held the prisoner had stated an Eighth amendment …
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