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Article • June 4, 2019 • from PLN June, 2019
Prisoner Enters Federal System Able to See, Leaves Nearly Blind; $2.6 Million Settlement by Edward Lyon by Ed Lyon  Vannara Nhar, 22, was sentenced to a term in federal prison for selling firearms to an undercover cop. He entered the Bureau of Prisons in October 2011 with near-perfect vision and …
Article • May 3, 2019 • from PLN May, 2019
Filed under: Medical, ENT, Settlements
$525,000 Settlement for Loss of Federal Prisoner’s Eye by In August 2018, a former prisoner at USP Lewisburg accepted a $525,000 settlement to resolve a civil rights action alleging guards violated Bureau of Prisons (BOP) policy by using excessive force against him, resulting in the loss of an eye. James …
Article • August 15, 2011 • from PLN August, 2011
Idaho: Prison Doctor’s Treatment Fell Below Standard of Care by David Reutter by David M. Reutter The Idaho State Board of Medicine’s Prelitigation Screening Panel found that a prisoner at the CCA-operated Idaho Correctional Center had “borne his burden of proving by a preponderance of the evidence that Dr. [Stephen] …
California Prisoner Settles Medical Suit for $35,000 by Eighteen months after surviving a motion for summary judgment, California prisoner William Milton agreed to a settlement of $35,000 in a case involving denial and delay of medical treatment. Though unpublished, the district court’s March 2007 order denying defendants’ motion for summary …
Article • September 15, 2009
$3,700 Award in NY DOCS Medical Negligence/Lost Property Claim by A New York Court of Claims awarded a prisoner $3,732.68 plus interest, for claims of medical negligence and lost property. Stephen Grant, a prisoner at Gowanda Correctional Facility, was assaulted on July 10, 1996 by members of a prison gang …
Fourth Circuit Reinstates South Carolina Jail Conditions Suit by On June 20, 1991, the Fourth Circuit Court of Appeals reinstated a South Carolina prisoner's challenge to conditions of confinement at the Lexington County Jail. Leonard Archie Smith, a former South Caroline pre-trial detainee, filed a pro se civil rights action …
Bivens Action Unavailable Against Federal Private Prison Employees by The U.S. Court of Appeals for the Eleventh Circuit held that a federal prisoner incarcerated at a privately operated prison may not pursue a Bivens action against private prison employees for violating his Eighth Amendment rights. Luis Francisco Alba, a federal …
Conditions on Federal Death Row “Horrendous,” ACLU Finds by Brandon Sample The conditions of confinement on federal death row fall below minimum constitutional standards and jeopardize the lives and safety of condemned prisoners, according to an investigation by the American Civil Liberties Union (ACLU). The results of the ACLU’s investigation …
Article • March 15, 2009
Negligent Federal Prisoner's Medical Care Leads To Permanent Hearing Loss by Florida federal prisoner Walter Hernandez, Jr., brought a federal tort action against the Bureau of Prisons in 1998 after medical personnel were negligent in diagnosing and treating his ear infections. Permanent hearing loss resulted. The $5 million suit settled …
Article • August 15, 2008
Second Circuit Finds Personal Involvement, Reverses Dismissal of Bivens Claim by The Second Circuit of Appeals has reversed a lower court’s dismissal of a prisoner’s Bivens claim, alleging denial of glaucoma medication which caused his permanent blindness. In September 2001, DEA agents arrested Rodney Thomas in California on drug charges. …
Article • August 15, 2008
U.S. Court Of Claims Lacks Jurisdiction Over Eighth Amendment Based Tort by Arizona federal pro se prisoner Jerome Trafny appealed his Eighth Amendment based tort claim dismissal. He alleged that the Federal Bureau of Prison's (BOP) failure to supply medication after eye surgery caused injury. The dismissal was affirmed for …
Article • January 15, 2008
Nebraska Tort Law Notice Inapplicable to Medical Contractor by In partially reversing a Nebraska federal district court's grant of summary judgment, the Eighth Circuit Court of Appeals has held the Nebraska State Tort Claims Act (NSTCA) does not apply to contracted medical service providers. That ruling came in the appeal …
Article • October 15, 2007 • from PLN October, 2007
Texas Pays $250,000 for Lingering Death of Teen Prisoner by Michael Rigby In November 2006 the State of Texas paid $250,000 to settle with the family of Charles Billops, Jr., a teenager who died from an undiagnosed brain abscess caused by a sinus infection while imprisoned in 2003. The settlement …
Beating by Guards, Destroyed Eyeglasses May Toll AEDPA Time Limit by The U.S. Ninth Circuit Court of Appeals reversed and remanded a California federal district court's denial of a habeas corpus petition, holding that, if proven true, the prisoner's claim that prison officials failed to replace his broken eyeglasses for …
Article • May 15, 2007
Appointment of Counsel in 7th Circuit Discussed by The court of appeals for the Seventh circuit sets forth the standard to be used by lower courts in appointing counsel to represent indigent prisoners in civil cases. The underlying suit was for medical neglect and the Indiana plaintiff was blinded as …
Article • May 15, 2007
Additional Evidence in New York Medical Claim Allowed in Part by The United States District Court, Southern District of New York, has granted in part a New York Department of Correctional Services (DOCS) prisoner's motion to submit additional new evidence in a long-running suit over inadequate medical care. Ronald Davidson …
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 …
Arizona: Failure to Provide Hearing Aid States Claim Under ADA, RA by In this unpublished decision dated January 16, 2003, the Arizona Court of Appeals, Division One, held that a prisoner's assertion, that the Arizona Department of Corrections (ADOC) failed to timely provide him with hearing aids, stated a prima …
California Prisoner's Death From Untreated Tonsilitis Results In $725,000 Settlement by California Prisoner's Death From Untreated Tonsilitis Results In $725,000 Settlement On March 30, 1999, California Forensic Medical Group (CFMG) and two doctors agreed to pay a total of $725,000 to settle claims against them arising from a prisoner's death …
Article • November 15, 2006 • from PLN November, 2006
$1,156,149 Awarded to Former Federal Prisoner for Failure to Diagnose and Treat Throat Cancer by The U.S. District Court for the Eastern District of New York on September 6, 2005, awarded $1,156,149 to former Bureau of Prisons (BOP) prisoner Hernando Lopez for failure to diagnose and treat throat cancer over …
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