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New Jersey Supreme Court Orders DOC to Codify Prisoner Healthcare Responsibilities by John Dannenberg by John E. Dannenberg The Supreme Court of New Jersey, incensed with the inhumane treatment of a state prisoner who was systematically denied Hepatitis-C treatment for four years, ordered the New Jersey Department of Corrections (NJDOC) …
Prisons as Incubators and Spreaders of Disease and Illness by John Dannenberg by John E. Dannenberg America’s lockups are turning from prisoner dumping grounds into infectious disease breeding grounds. Isolation is intended to be the punishment inflicted by society upon prisoners. But concentrating prisoners in the process of isolating them, …
Article • July 15, 2007 • from PLN July, 2007
Prison Skin-Art Pared From Canadian Budget by Gary Hunter An innovative plan to prevent the spread of communicable diseases in Canadian prisons has been axed by Canada?s Conservative government. In 2005, $350,000 in startup funds plus $600,000 for operating costs were allocated to implement a safe-tattoo program in six federal …
Article • May 15, 2007
Prisoner Fails To Show Retaliation, Deliberate Indifference by The United States District Court for the Northern District of Florida entered summary judgment against a prisoner's § 1983 action alleging deliberate indifference and retaliation by a prison nurse practitioner (N.P.). Walter Pate, a Florida state prisoner, was diagnosed as having HIV, …
Article • May 15, 2007
ADOC Director's Educational Background Ordered Disclosed in Medical Suit by by Bob Williams The United States District Court for the District of Arizona has ordered the ADOC's former director to disclose his educational background and also ordered disclosure of medical protocols, policies, and directives as well as specific guard information. …
Article • May 15, 2007
California Prisoner Wins PI For Liver Transplant Evaluations by by John E. Dannenberg The United States District Court (S.D. Cal.) issued a preliminary injunction (PI), ordering the California Department of Corrections (CDC) to inquire of all liver transplant centers in California as to whether they could accept a prisoner as …
Job Discrimination Due to Disability from Hepatitis-C Treatment Violates California Worker's Rights by Job Discrimination Due to Disability from Hepatitis-C Treatment Violates California Worker's Rights by John E. Dannenberg A California Department of Corrections and Rehabilitation (CDCR) stationary (plant maintenance) engineer who suffered from Hepatitis-C (HCV) sued for disability discrimination …
Article • May 15, 2007
Filed under: Medical, Misdiagnosis, Hepatitis
Eventual HCV Diagnosis Fails to State Claim by The plaintiff complained of pain in his right side, saw doctors, got pain medication, an x-ray, an ultrasound examination, and tests of stool samples. Eventually he was diagnosed with Hepatitis C. The defendants were not deliberately indifferent. See: Davis v. Williamson, 208 …
SICK ON THE INSIDE: Correctional HMOs and the Coming Prison Plague by By Wil S. Hylton When David Hannah walked into a small office on the second floor of the Moberly Correctional Facility in Moberly, Missouri, last fall, carrying his belly like a hundred-pound sack of sand, the staff knew …
Article • May 15, 2007
Psychological Evaluation and Consent to Release Required for Hepatitis C Treatment by Psychological Evaluation and Consent to Release Required for Hepatitis C Treatment A Pennsylvania Federal District Court denied a prisoner's motion for a preliminary injunction to compel treatment for his Hepatitis C infection without requiring him to submit to …
Article • May 15, 2007
Filed under: Medical, Hepatitis
Dismissal of HCV Claim Affirmed by The U.S. Sixth Circuit Court of Appeals affirmed the grant of summary judgment to defendant prison officials by the U.S. District Court, Eastern District of Kentucky in a case involving treatment for Hepatitis C Virus (HCV). Kentucky prisoner David Johnson sued Kentucky prison officials …
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
$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
CMS Liable as State Actor For Denying HCV Care in NJ by The plaintiff complained about his medical care, reciting a long and tortured history of his treatment and non-treatment for Hepatitis A, B, and C, and rheumatoid arthritis that may or may not have been caused by it. The …
Article • May 15, 2007
Filed under: Medical, Blood, Hepatitis, Complaints
Ninth Circuit: Prisoner May Amend Complaint To Allege Deliberate Indifference by The U.S. Ninth Circuit Court of Appeals held that an Arizona state prisoner, who alleged he contracted hepatitis from a blood plasma drawing procedure and that upon diagnosis he was not adequately treated by prison medical staff, should be …
Plaintiff States Claim Against Private Medical Providers In § 1983 Action by Plaintiff States Claim Against Private Medical Providers In § 1983 Action The United States District Court for the District of Maine held that although a prisoner did not utter "the magic words 'policy and custom' in his" § …
$450,000 Award Against CMS, County In Death of Illinois Jail Prisoner by On May 16, 2002, a jury found Correctional Medical Services (CMS) of Illinois and Kane County liable for the death of Ethel Hare--a prisoner with chronic liver disease, hepatitis, and HIV--and awarded her estate $450,000. While imprisoned in …
BOP Prisoners Habeas Hepatitis Suit Dismissed by The bottom line of this opinion, 59 pages in Westlaw, is that the court treats the plaintiff's medical care claim, filed as a habeas petition, as a civil rights action, denies appointment of counsel, holds the prisoner partially exhausted, and grants summary judgment …
Article • March 15, 2007 • from PLN March, 2007
Filed under: Medical, Hepatitis
Alabama Spends $500,000 to Vaccinate State Prisoners by Gary Hunter The Alabama DOC has launched an innovative program to vaccinate prisoners for Hepatitis A and B. Hepatitis is a disease that damages the liver with the potential to be fatal. Alabama optimistically hopes to inoculate over half of its prisoners …
Article • March 15, 2007 • from PLN March, 2007
New York HCV Treatment Suit Not Mooted by Equivocal DOC Concession; Class Certification Granted by John Dannenberg by John E. Dannenberg The United States District Court (N.D. N.Y.) rejected the New York Department of Corrections' (NYDOC) attempt to moot a class action claim filed by HCV (Hepatitis-C) infected prisoners who …
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