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Denial of PI Affirmed, But Claim Has "Colorable Merit" by Denial of PI Affirmed, But Claim Has "Colorable Merit" The U.S. Second Circuit Court of Appeals held that a federal district court did not err in denying a prisoner a preliminary injunction. Francis Conti, a New York State prisoner, sued …
Article • May 15, 2007
6th Circuit: § 1983 Claims Against County Must Connect Policy, Violation by In this case involving the death of a prisoner in the Washtenaw (Michigan) County Jail, the U.S. Sixth Circuit Court of Appeals held that the decedent's estate had not shown that his death resulted from a county custom …
Article • May 15, 2007
New York Prisoner Awarded $579,000 For Untreated Knee Injury by In October 1998, a New York court of claims awarded a state prisoner $579,000 for a knee injury that went untreated. While playing basketball, the plaintiff, a 33-year-old prisoner, heard a pop in his knee. He was carried to the …
Article • May 15, 2007
Ohio Court Of Appeals Awards Injured Prisoner $100,000 by On June 4, 1988, the Ohio Court of Appeals, Tenth Appellate District, awarded a state prisoner $100,000 for severe burns to his leg, reversing a Court of Claims judgment awarding the prisoner $20,000. While working to unplug a drain at the …
Article • May 15, 2007
Texas Appeals Court Upholds Epileptic Prisoner's $60,000 Award by In this appeal by Harris County, Texas, and Sheriff Jack Heard (Appellants), the state Court of Appeals, 14th District, upheld a $60,000 jury verdict in favor of a former epileptic prisoner who was injured as a result of Appellants' negligence. On …
Article • May 15, 2007
$201,000 Settlement in Death of California Prisoner with Hepatitis C by In June 2002, the California Department of Corrections (CDOC) settled for $201,000 a wrongful death suit alleging denial of appropriate medical care for hepatitis C. The lawsuit, brought by the family of Rosemary Willeby, claimed her October 1999 death …
Article • May 15, 2007
Disagreement on Medical Treatment Fails to State Constitutional Violation; Summary Judgment Granted Defendants by Disagreement on Medical Treatment Fails to State Constitutional Violation; Summary Judgment Granted Defendants An Illinois federal district court granted summary judgment to doctors at Joliet and Stateville Correctional Center in a 42 U.S.C §1983 action alleging …
Five Hour Delay in Treating Beaten Arrestee Okay by The deaf plaintiff alleged that he was arrested because of his disability (i.e., because he didn't sufficiently cooperate with police because he couldn't hear what they were saying). Police investigative activities are "government programs" under the Americans with Disabilities Act, as …
Jail/Police Immune for Not Treating Prisoner with Spinal Injury by The plaintiff was a passenger in a car involved in a high speed chase; an officer threw him on the ground while he was handcuffed, causing a permanently disabling spinal injury. He spent three days in jail, where a detention …
Destruction of Prisoner's Medical Records Violates 8th Amendment by The plaintiff alleged that prison medical staff undertreated the pain from his back injury, he filed an internal appeal, and medical and prison staff committed various corrupt acts to derail his appeal or intimidate him into dropping it. The court grants …
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 …
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