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Article • May 15, 2007
Dental Infection Imminent Physical Injury Under PLRA by Dental Infection Imminent Physical Injury Under PLRA Plaintiff alleged that he needed dental work, was sent to a half-completed prison in Arkansas that could not accommodate his needs, as of filing the complaint he had had five extractions and needed two more, …
Article • April 15, 2007 • from PLN April, 2007
California DOC Stipulates to Providing Comprehensive Dental Care Program by John Dannenberg by John E. Dannenberg In settlement of a federal class action lawsuit on December 15, 2005, the California Department of Corrections and Rehabilitation (CDCR) agreed to provide dental care for all prisoners as set forth in a new …
PHS Loses $707 Million FDOC Contract Rebid; State Adopts Hybrid Model of Prison Health Care by John Dannenberg by John E. Dannenberg On September 20, 2006, Tennessee-based Prison Health Services (PHS), a for-profit prison medical care contractor [see: PLN, Nov. 2006, pp. 1-10], exercised an escape clause just ten months …
Brief • February 8, 2007
Filed under: Dental Care
Perez v Tilton, CA, Order Appointing Court Experts, dental, 2007 Case 3:05-cv-05241-JSW Document 96 Filed 02/08/2007 Page 1 of 3 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 CARLOS PEREZ, et al. 10 Plaintiffs, 11 For the Northern …
Sovereign Immunity No Bar to BOP Prisoners' Eighth Amendment Mandamus Suit by The Tenth Circuit Court of Appeals has held that a federal prisoner's mandamus action alleging an Eighth Amendment violation is not barred by the doctrine of sovereign immunity. This action was brought by Bureau of Prisons (BOP) prisoner …
Ohio DOC Stipulates To Vastly Improved Medical Care by John Dannenberg by John E. Dannenberg The Ohio Department of Rehabilitation and Correction (ODRC) settled a prisoner class action federal lawsuit on October 6, 2005 by stipulating to comprehensive improvements to its prisoner medical care, grounded in adding 321 medical personnel …
Article • July 15, 2006 • from PLN July, 2006
Filed under: Medical, Dental Care
South Carolina Prisoner Awarded $825,000 for Untreated Infection by On January 10, 2006, a South Carolina jury awarded $825,000 to a state prisoner who received inadequate medical treatment for a life threatening infection. State prisoner Jason Bynum was diagnosed with a serious mouth infection on January 9, 2002, while imprisoned …
No Qualified Immunity on Toothpaste, Inhaler & Ventilation Claims by The Seventh Circuit Court Of Appeals upheld a district courts denial of qualified immunity to jail officials on claims of denial of toothpaste, withholding asthma inhaler and inadequate ventilation. In 1984, two Indiana men disappeared. Neither the men nor their …
Settlements Reached In Alabama Women Prisoners' Class-Action Suit by by Matthew T. Clarke On August 23, 2004, U. S. District Judge Myron Thompson signed a settlement order in a class-action civil-rights lawsuit brought by prisoners at three Alabama Department of Corrections women's prisons challenging their conditions of confinement. The suit …
Dental Treatment Denial Claim Cannot Be Subdivided By Court by The court of appeals for the Eighth Circuit held that a prisoner's allegation of denial of dental treatment cannot be split into three separate sub-claims then dismissed for failure to exhaust state remedies on the sub-claims. James McAlphin, an Arkansas …
Article • April 15, 2005 • from PLN April, 2005
Untreated Dental Infection Kills California Prisoner by A 41 year-old prisoner at the California State Prison (Solano) in Vacaville died six days after having a tooth extracted, when prison medical staff failed to treat his resulting infection. Anthony Shumake, sentenced to 12 years, 8 months in 2000, had an abscessed …
Article • August 15, 2004 • from PLN August, 2004
Filed under: Medical, Dental Care
Denial of Dentures States Eighth Amendment Claim by The U.S. Court of Appeals for the Eleventh Circuit reversed a lower court's grant of summary judgment favoring an Alabama state prison dentist who did not timely furnish a prisoner with dentures. When Dean Farrow arrived at Alabama's Easterling Correctional Facility in …
DOJ Investigation: Conditions in Arkansas Prisons Unconstitutional by Michael Rigby Conditions at the McPherson and Grimes Correctional Units in Newport, Arkansas are unconstitutional, the U.S. Department of Justice concluded after an 18-month investigation. According to the investigation report, dated November 25, 2003, investigators found that prisoners at both units experienced …
Article • December 15, 2003
Sovereign Immunity No Bar to BOP Prisoners' Eighth Amendment Mandamus Suit by The Tenth Circuit Court of Appeals has held that a federal prisoner's mandamus action alleging an Eighth Amendment violation is not barred by the doctrine of sovereign immunity. This action was brought by Bureau of Prisons (BOP) prisoner …
The Deadly Health Services of Naphcare in Alabama by Lonnie Burton It is often said that you can tell a lot about a society by checking the condition of its prisons. Based on the way prisoners in Alabama are treated (or, more accurately stated, not treated), citizens of that state …
Washington Women's Medical Care Consent Decree Ended by The Ninth Circuit Court of Appeals upheld a district court's refusal to extend the terms of a consent decree under the Prison Litigation Reform Act (PLRA). The court also held that the district court improperly declined to consider plaintiffs' motion for contempt. …
Article • September 15, 2002 • from PLN September, 2002
Dental Care Denial Defeats Summary Judgment by A federal district court in Illinois has denied summary judgment in a prisoner's denial of dental treatment claim under the Eighth and Fourteenth Amendments, and expounded on the relations back upon amendment provision of Fed.R.Civ.P. 15(c). While a detainee at the Cook County …
Wisconsin Medical Care Substandard, Even for Prisoners by Gary Hunter Michelle Greer had asthma, the operative word being had past tense. Her asthma no longer exists because Michelle Greer is dead. On February 29, 2000, at the Taycheedah Correctional Institution, she died of an asthma attack, suffocated by the apathy …
Article • March 15, 2002 • from PLN March, 2002
Filed under: Medical, Medication, Dental Care
$250 for Providing Wrong Medication by $250 for providing wrong medication On August 8, 1997, Michael Clarke reported to the WSP pill line to obtain medication for his broken tooth. Nurse Dufner gave Mr. Clarke two small pills and some white cream to apply directly on the injured tooth. Immediately …
Article • March 15, 2002 • from PLN March, 2002
Filed under: Medical, Dental Care
Inadequate Dental Care Results in Settlement by Inadequate dental care results in settlement In 1994, William Smith sued the dental department at the WSP for failing to provide annual check-ups and routine teeth cleanings. The DOC settled the case by agreeing to provide Mr. Smith with the services he complained …
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