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Eighth Circuit Reinstates Arkansas Prisoner’s Claim Over DOC’s Failure to Maintain Hearing Aids by Matthew Clarke by Matt Clarke On January 10, 2022, the U.S. Court of Appeals for the Eighth Circuit held that an Arkansas prisoner had not failed to state an actionable claim against prison medical officials when …
Brief • March 18, 2021
Center for Legal Advocacy v. Colorado DOC, CO, Complaint, Disability Discrimination, 2021 Case 1:21-cv-00792 Document 1 Filed 03/18/21 USDC Colorado Page 1 of 100 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. _____________ CENTER FOR LEGAL ADVOCACY D/B/A DISABILITY LAW COLORADO, Plaintiff, v. COLORADO …
Article • May 1, 2020 • from PLN May, 2020
Filed under: Hearing, COVID-19
Arizona Court Denies Emergency COVID-19 Motion by David Reutter by David M. Reutter The Arizona federal district court overseeing the Stipulation in a class action that challenged the medical care within the Arizona Department of Corrections (ADOC) denied an emergency motion to require ADOC to develop a comprehensive COVID-19 plan. …
Article • February 5, 2019 • from PLN February, 2019
Illinois DOC Settles Lawsuit Filed by Deaf, Hard of Hearing Prisoners by Derek Gilna by Derek Gilna The Illinois Department of Corrections (IDOC) has settled a class-action suit brought by deaf and hard of hearing prisoners who said they were denied sign-language interpreters for what was called “high-stakes interactions” with …
Brief • February 2, 2018
Filed under: Hearing
Briggs v. Massachusetts Department of Correction, MA, Deposition, Medical Neglect of the Hearing Deficit, 2018 Page 1 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS DOCKET NO. 15-CV-40162 - - - - - - - - - - - - …
Brief • July 11, 2017
Disability Rights Florida v. Jones, FL, Settlement, Disability Rights, 2017 UNITED STA TES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA Tallahassee Division DISABILITY RIGHTS FLORIDA, INC., Plaintiff, Case No. 4:16-cv-47-RH-CAS vs. JULIE JONES, in her official capacity as Secretary of the Florida Department of Corrections, Defendant. --------------------------------' SETTLEMENT AGREEMENT Table of …
Disability Rights Florida v. Jones, FL, Motion for Summary Judgment, Disability Rights, 2017 Case 4:16-cv-00047-RH-CAS Document 62 Filed 01/30/17 Page 1 of 51 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA Tallahassee Division DISABILITY RIGHTS FLORIDA, INC., Plaintiff, vs. CASE NO. 4:16-cv-47-RH-CAS JULIE JONES, in her official capacity as Secretary …
DC Prisoner Awarded $70,000 for ADA Violations at CCA-run Jail by Derek Gilna William Pierce, a prisoner held by the District of Columbia’s Department of Corrections (DCDOC), has won a $70,000 jury verdict for repeated violations of the Americans with Disabilities Act (ADA). Pierce, who suffers from severe hearing loss, …
Brief • March 21, 2016
Andison v. Clark County, WA, Settlement, police excessive force disabled elderly, 2016 MAY 2016 settlement - U.S. DISTRICT COURT - WESTERN DISTRICT MSRY T.EE ANDTSON AND ANniSON V. CLflPK COUNTY, CITY OF VANCOUVER' ET AL. Number: 3:14-CV-05492-RBL Settlement Date: 3/21/16 TZlTZTo'U aZ C0««; D.nl.l Lloyd. CLt, Attorney's Offices (Vancouver) for …
Brief • January 26, 2016
Disability Rights Florida v. Jones, FL, Complaint, Disability Rights, 2016 Case 4:16-cv-00047-WS-CAS Document 1 Filed 01/26/16 Page 1 of 123 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA Tallahassee Division DISABILITY RIGHTS FLORIDA, INC., Plaintiff, v. Case No. JULIE JONES, in her official capacity as Secretary of the Florida Department …
Article • September 22, 2015
Oregon Prisoner’s “Release” from Mental Hospital to Prison Reversed by Oregon Prisoner’s “Release” from Mental Hospital to Prison Reversed The Oregon Court of Appeals reversed an order conditionally releasing a hospitalized mentally ill prisoner to prison. In 2010, Robert Erskine was found guilty except for insanity of burglary. He was …
Holmes et al. v. Baldwin, IL, Complaint, Mistreatment Deaf Prisoners, 2011 Case: 1:11-cv-02961 Document #: 1 Filed: 05/04/11 Page 1 of 45 PageID #:1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION RALPH HOLMES, DANIEL BAXTER, GEORGE CHILDRESS, HANNIBAL EASON, CURTIS FOSTER, CURTIS HALTERMAN, BILLY JOHNSON, …
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 …
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 …
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 …
Article • May 15, 2007
US Supreme Court Held Plaintiff Must Inform Himself Of His Legal/Medical Rights; Defines When Claim Accrues by US Supreme Court Held Plaintiff Must Inform Himself Of His Legal/Medical Rights; Defines When Claim Accrues The US Supreme Court held that any claim against the United States in a Federal Tort Claims …
Article • March 15, 2003 • from PLN October, 2004
Filed under: Medical, Hearing, Damages
$300,000 Awarded for Delayed Treatment of New York Prisoner's Hearing Loss by On October 31, 2003 a New York Court of Claims awarded Fishkill Correctional Facility prisoner Darryl Dickerson $300,000 for a partial hearing loss suffered because he was not provided timely medical treatment. Dickerson claimed he heard a popping …
Article • May 15, 1998 • from PLN May, 1998
Denial of Counsel Reversed by The court of appeals for the third circuit held that a district court abused its discretion in refusing to appoint counsel to an indigent pro se prisoner litigant. Paul Parham, a Pennsylvania state prisoner, filed suit after receiving inadequate medical treatment for tinnitus (ringing in …
Article • July 15, 1993 • from PLN July, 1993
No Qualified Immunity for Medical Indifference by Dennis Hamilton is an Alaska state prisoner. After an ear operation prison officials tried to fly him to a federal prison in Oklahoma. The trip was aborted after the first leg of the trip due to extreme ear pain caused by flying. Hamilton's …