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Brief • September 25, 2020
Cano v. County of Los Angeles, CA, Deposition of Alfred Joshua, Medical Neglect, 2020 1 2 3 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA MIGUEL HERRERA CANO, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ) …
Henricks v. Gonzales, OH, Verdict, Medical Neglect, 2016
Failure to Timely Assert Affirmative Defense in Responsive Pleading Constitutes Waiver by The Sixth Circuit Court of Appeals held on April 8, 2015 that an Ohio federal district court did not abuse its discretion by finding prison officials had waived their qualified immunity defense in a prisoner’s civil rights action. …
Article • August 29, 2015 • from PLN September, 2015
$290,000 Judgment for Failure to Treat Ruptured Appendix Affirmed by David Reutter $290,000 Judgment for Failure to Treat Ruptured Appendix Affirmed by David Reutter The Fifth Circuit Court of Appeals has upheld a $290,000 judgment in a civil rights action alleging deliberate indifference to a prisoner’s serious medical needs. The …
Article • April 15, 2010 • from PLN April, 2010
Washington DOC Agrees to Settle Inadequate Medical Care Suit for $55,000 by The State of Washington has agreed to settle a prisoner suit alleging deliberately indifferent medical care. The suit, filed in 2006, took almost two years to resolve. Richard Hibdon sued the Stafford Creek Corrections Center, a Washington Department …
Article • February 15, 2010 • from PLN February, 2010
$325,000 Settlement in Michigan Jail Prisoner’s Ruptured Appendix Lawsuit by Michigan’s Lenawee County Jail (LCJ) paid $325,000 to settle a lawsuit brought by a former prisoner who was denied medical care before and after his appendix ruptured. This is the second such settlement within a month. (See accompanying article.) As …
Pennsylvania County Prisons Mired in Conditions Litigation by David Reutter by David M. Reutter Whether or not a large number of lawsuits is indicative of management or operational problems at a prison or jail is a matter of debate that depends on one’s perspective – that is, which side of …
Brief • June 18, 2008
Henricks v. Pickaway CI, OH, Complaint, Appendicitis Misdiagnosis, 2008 Case: 2:08-cv-00580-GCS-MRA Doc #: 3 Filed: 06/18/08 Page: 1 of 79 PAGEID #: 95 R c::;'. <""~JVEft THE UNITED ST ATES DISTRICT COURT ~-' . ifOR THE SOUTHERN DISTRICT OF OHIO JUN 17 2006 JAMl<A> ~'--'NINI, CLERK COLUMBUS, OHIO Jgl:m HeRrieks …
Article • May 15, 2007
Filed under: Medical, Appendicitis
$2,000 Paid in Washington Prisoner's Medical Negligence Claim by While at the Washington Correction Center for Women, Monica Grimmett had experienced stomach pain. When she went to sick call complaining of severe pain, she was told she was ovulating and given Maalox. Two days later, she requested emergency clinic and …
Article • October 15, 2006 • from PLN October, 2006
Michigan Prisoners Deliberate Indifference Claim Nets $73,906 In Fees by Michigan Prisoner's Deliberate Indifference Claim Nets $73,906 In Fees On October 20, 2005, the U.S. District Court for the Western District of Michigan, Southern Division, awarded $73,906 in attorneys fees to a plaintiff who prevailed on his claim of deliberate …
Article • April 15, 2006 • from PLN April, 2006
Minnesota County Settles Suit over Untreated Appendicitis for $225,000 by On August 25, 2005, the U.S. District Court for the District of Minnesota approved a $225,000 settlement to a Minnesota prisoner whose appendicitis went untreated at the Douglas County Jail. Jeremiah Bratsch, 21, suffered stabbing pains in his lower right …
$1.45 Million To Be Paid In Death Of Florida Juvenile Prisoner by Michael Rigby The Florida Department of Juvenile Justice (DJJ) will pay $1.45 million to settle a federal lawsuit arising from the 2003 death of Omar Paisley at the Miami-Dade Regional Juvenile Detention Center, the Miami Herald reported on …
Article • June 15, 2005 • from PLN June, 2005
Sixth Circuit Clarifies &quot;Verifying Medical Evidence&quot; Requirement Of Napier by Sixth Circuit Clarifies "Verifying Medical Evidence" Requirement Of Napier The U.S. Sixth Circuit Court of Appeals has held that when a prisoner's medical malady is so obviously serious that even a layman would easily recognize the need for medical attention, …
Article • April 15, 2003 • from PLN April, 2003
$400,000 Jury Award in Illinois Ruptured Appendix Suit by In April, 2002, a federal jury in East St. Louis, Illinois, awarded $400,000 in damages to former prisoner David Sherrod, finding that Illinois Department of Corrections medical staff had shown deliberate indifference to his medical needs by failing to treat a …
Prison Guards Can Be Liable for Prisoner Suicide by The Seventh Circuit Court of Appeals has reversed and remanded the dismissal of a 42 U.S.C. §1983 suit against Wisconsin prison officials. In so ruling, the court held that prison guards can be held liable under Eighth Amendment "deliberate indifference" claims …
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, Appendicitis
$1,000 for Unnecessary Appendectomy by $1,000 for unnecessary appendectomy In May through June of 1994, Robert Falcone was incarcerated at the Lewis County Jail in the custody of the DOC. Medical staff at the jail misdiagnosed and mistreated Mr. Falcone, resulting in his receiving an unnecessary appendectomy. Mr. Falcone's neck …
Article • March 15, 2002 • from PLN March, 2002
Filed under: Medical, Appendicitis
$13,500 for Ruptured Appendix by $13,500 for ruptured appendix In the early morning hours of October 28, 1995, Arnold Kitchen awoke in his cell at the Airway Heights Corrections Center (AHCC), near Spokane, Washington, in excruciating pain. His symptoms included severe abdominal pain of a sudden onset and vomiting of …
Sanction Excessive When It Excludes Medical Expert's Testimony by The Court of Appeals for the Seventh Circuit has held that a discovery sanction is excessive when it causes the dismissal of a prisoner's suit by excluding expert medical testimony. The Court also held that dismissing a claim for failure to …
Article • November 15, 2000 • from PLN November, 2000
Disabled Prisoner Survives Summary Judgment by A federal district court in Kansas held that jail officials were not entitled to qualified immunity with respect to their treatment of a double amputee prisoner, and denied defendant's motion for summary judgment on all claims. Tracy Schmidt, without both legs below the knees, …
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