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USA v. Wisconsin Department of Corrections, WI, Settlement, Disability Discrimination, 2024
Brief • September 30, 2024
Filed under: Americans with Disabilities Act, Need for Medical Consensus
USA v. Wisconsin Department of Corrections, WI, Settlement, Disability Discrimination, 2024 SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND WISCONSIN DEPARTMENT OF CORRECTIONS UNDER THE AMERICANS WITH DISABILITIES ACT DJ # 204-85-131 I. BACKGROUND & JURISDICTION 1. The parties (“Parties”) to this Settlement Agreement (“Agreement”) are the United States …
Two Prisoners Removed from Texas Death Row Due to Intellectual Disability
Article • July 1, 2024 • from PLN July, 2024
Filed under: Death Penalty/Death Row, Death Penalty, Death Row, Mental Retardation/Intellectual Disability
Two Prisoners Removed from Texas Death Row Due to Intellectual Disability by David Reutter by David M. Reutter   The Texas Court of Criminal Appeals resentenced death row prisoner Tomas Raul Gallo, 49, to life imprisonment on April 5, 2024, approving an agreement by prosecutors that Gallo’s intellectual disability (ID) …
Eleventh Circuit Refuses to Reimpose Death Sentence for Intellectually Disabled Alabama Prisoner
Article • February 1, 2024 • from PLN February, 2024
Filed under: Capital Punishment, Mental Retardation/Intellectual Disability
Eleventh Circuit Refuses to Reimpose Death Sentence for Intellectually Disabled Alabama Prisoner by Over two decades ago, in Atkins v. Virginia, 536 U.S. 304 (2002), the Supreme Court of the U.S. (SCOTUS) barred capital punishment for intellectually disabled prisoners—typically those with an IQ of 70 or below. Courts still wrestle …
Lou v. Lopinto, LA, Statement of Interest, Wrongful Death-ADA, 2023
Brief • May 12, 2023
Filed under: Americans with Disabilities Act, Wrongful Death, Mental Retardation/Intellectual Disability
Lou v. Lopinto, LA, Statement of Interest, Wrongful Death-ADA, 2023 Case 2:21-cv-00080-WBV-DPC Document 197 Filed 05/12/23 Page 1 of 21 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA DONNA LOU, ET AL. Plaintiffs, v. CIVIL ACTION NO. 21-80 SECTION “D” (2) SHERIFF JOSEPH P. LOPINTO, III, ET AL. Defendants, Judge …
The Impact of Criminalizing Abortion on Prisoners and Mass Incarceration
Article • July 15, 2022 • from PLN July, 2022
Filed under: Abortion, OB/GYN, Privacy Act, Need for Medical Consensus
The Impact of Criminalizing Abortion on Prisoners and Mass Incarceration by Paul Wright by Paul Wright Over the course of its 233-year history, the United States Supreme Court (SCOTUS) has reversed its prior decisions on occasion. Until now those reversals have generally been to expand constitutional rights for the populace, …
Lawsuits Filed Over Withheld Pain Medications That Left Ailing New York Prisoners in Agony
Article • July 14, 2022 • from PLN July, 2022
Filed under: Medication, Systemic Medical Neglect, Failure to Treat, Need for Medical Consensus
Lawsuits Filed Over Withheld Pain Medications That Left Ailing New York Prisoners in Agony by Edward Lyon by Ed Lyon Two suits playing out in federal court in New York in mid-2022 will determine whether the state Department of Corrections and Community Supervision (DOCCS) is held to account for a …
Dunsmore v. San Diego Sheriff's Office, CA, Second Amended Civil Action Complaint, Failure to Provide Adequate Medical Care, 2022
Brief • February 9, 2022
Filed under: Need for Medical Consensus
Dunsmore v. San Diego Sheriff's Office, CA, Second Amended Civil Action Complaint, Failure to Provide Adequate Medical Care, 2022 Case 3:20-cv-00406-AJB-WVG Document 81 Filed 02/09/22 PageID.371 Page 1 of 223 1 GAY C. GRUNFELD – 121944 VAN SWEARINGEN – 259809 2 PRIYAH KAUL – 307956 ERIC MONEK ANDERSON – 320934 …
Clark v. Feliciano, PA, Settlement, Medical Neglect, 2021
Brief • March 11, 2021
Filed under: Primecare Medical, Systemic Medical Neglect, Need for Medical Consensus
Clark v. Feliciano, PA, Settlement, Medical Neglect, 2021 RELEASE AND SETTLEMENT AGREEMENT WHEREAS, I, Mark Anthony Clark (ccReleasor"), brought three lawsuits pursuant to 42 U.S.C. § 1983 pending in the United States District Court for the Eastem District of Pennsylvania before the Hon. Jeffrey L. Schmehl; and WHEREAS, the three …
Reyes v. Clarke, VA, Settlement, Solitary Confinement, 2021
Brief • January 15, 2021
Filed under: Conditions of Confinement, Control Units/SHU/Solitary Confinement, Punishment, Mental Retardation/Intellectual Disability
Reyes v. Clarke, VA, Settlement, Solitary Confinement, 2021 Case 2:19-cv-00035-JPJ-PMS Document 164-1 Filed 01/15/21 Page 1 of 6 Pageid#: 1720 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release, dated as of January_15_, 2021, is entered into by the parties in Reyes v. Clarke et al., Case No. 2:19-cv-0035-JPJ-PMS, currently …
Lee v. Virginia DOC, VA, Complaint, Solitary Confinement, 2019
Brief • July 11, 2019
Filed under: Conditions of Confinement, Control Units/SHU/Solitary Confinement, Punishment, Mental Retardation/Intellectual Disability
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D.K. V. Teams, NY, Order, Physical Abuse-Disabled, 2018
Brief • October 31, 2018
Filed under: Americans with Disabilities Act, Need for Medical Consensus
D.K. V. Teams, NY, Order, Physical Abuse-Disabled, 2018 Case 1:16-cv-03246-PAE Document 354 Filed 10/31/18 Page 1 of 3 USDCSDNY DOC UMENT ELECTRONICALLY FILED DOC#: ------- -UNITED STATES DISTRICT COURT FILED: DATE SOUTHERN DISTRICT OF NEW YORK ------ D.K., by her Guardian L.K.; Z.O., by her Guardian B.M.; and 8.R., by …
D.K. V. Teams, NY, Contempt Order, Physical Abuse-Disabled, 2018
Brief • September 24, 2018
Filed under: Americans with Disabilities Act, Need for Medical Consensus
D.K. V. Teams, NY, Contempt Order, Physical Abuse-Disabled, 2018 Case 1:16-cv-03246-PAE Document 329 Filed 09/24/18 Page 1 of 3 Case 1:16-cv-03246-PAE-DCF Document 326-1 Filed 09/ UNITED STA TES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK D.K., by her Guardian L.K.; Z.O., by her Guardian B.M.; and B.R., by her Guardian …
Reyes v. Clarke, VA, Complaint, Solitary Confinement, 2018
Brief • September 4, 2018
Filed under: Conditions of Confinement, Control Units/SHU/Solitary Confinement, Punishment, Mental Retardation/Intellectual Disability
Reyes v. Clarke, VA, Complaint, Solitary Confinement, 2018 Case 3:18-cv-00611-REP Document 1 Filed 09/04/18 Page 1 of 60 PageID# 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION NICOLAS REYES, ) ) Plaintiff, ) ) v. ) ) HAROLD CLARKE, Director of the Virginia …
D.K. V. Teams, NY, Order to Show Cause, Physical Abuse-Disabled, 2018
Brief • August 20, 2018
Filed under: Americans with Disabilities Act, Need for Medical Consensus
D.K. V. Teams, NY, Order to Show Cause, Physical Abuse-Disabled, 2018 Case 1:16-cv-03246-PAE Document 308 Filed 08/20/18 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK D.K., by her Guardian L.K.; Z.O., by her Guardian B.M.; and B.R., by her Guardian C.R., Plaintiffs, No. 16 Civ. …
D.K. V. Teams, NY, Memorandum of Law, Physical Abuse-Disabled, 2018
Brief • August 20, 2018
Filed under: Americans with Disabilities Act, Need for Medical Consensus
D.K. V. Teams, NY, Memorandum of Law, Physical Abuse-Disabled, 2018 Case 1:16-cv-03246-PAE Document 310 Filed 08/20/18 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK D.K., by her Guardian L.K.; Z.O., by her Guardian B.M.; and B.R., by her Guardian C.R., Plaintiffs, No. 16 Civ. 03246 …
Pennsylvania v. Vandivner, PA, Opinion, Conviction Relief Act, 2018
Brief • February 5, 2018
Filed under: Eighth Amendment, Mental Retardation/Intellectual Disability
Pennsylvania v. Vandivner, PA, Opinion, Conviction Relief Act, 2018 [J-39-2016] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ. COMMONWEALTH OF PENNSYLVANIA, Appellee v. JAMES W. VANDIVNER, Appellant : : : : : : : : : : : No. 696 CAP …
Ybarra v. Filson, NV, Opinion, Habeas, Death Penalty, 2017
Brief • September 1, 2017
Filed under: Eighth Amendment, Habeas Corpus, Need for Medical Consensus
Ybarra v. Filson, NV, Opinion, Habeas, Death Penalty, 2017 FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ROBERT YBARRA, JR., Petitioner-Appellant, v. TIMOTHY FILSON, Warden, Respondent-Appellee. ROBERT YBARRA, JR., Petitioner-Appellant, v. TIMOTHY FILSON, Warden; ADAM PAUL LAXALT, Nevada Attorney General, Respondents-Appellees. No. 13-17326 D.C. No. 3:00-cv-00233GMN-VPC No. …
Williams v. Godinez, IL, Settlement, Medical Neglect, 2017
Brief • 2017
Filed under: Wexford Health Services, Pain, Gastrointestinal, Failure to Treat, Need for Medical Consensus, Deliberate Indifference
Williams v. Godinez, IL, Settlement, Medical Neglect, 2017 5825 MRSIPJS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DMSION FREDDIE LEE WILLIAMS, ) ) Plaintiff, ) ) vs. ) No. 13 CV 8797 ) DIRECTOR OF I.D.O.C. S.A. GODINEZ, ) Honorable Jorge Alonso WARDEN MARCUS HARDY, WARDEN ) MICHAEL …
Watson v. Owikoti, IL, Settlement, Medical Neglect, 2017
Brief • 2017
Filed under: Wexford Health Services, Medication, Pain, Failure to Treat, Need for Medical Consensus, Deliberate Indifference
Watson v. Owikoti, IL, Settlement, Medical Neglect, 2017 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MENELAEUS WATSON, ) ) ) ) ) No. 15 CV 700 Plaintiff, vs. ) DR. CLAUDE OWIKOTI, in his individual capacity; and DR. AUGIE, in his individual capacity, Defendants. ) Honorable Judge …
Williams (Cordell) v. Wexford, IL, Settlement, Medical Neglect, 2017
Brief • 2017
Filed under: Wexford Health Services, Medication, Gastrointestinal, Failure to Treat, Need for Medical Consensus, Deliberate Indifference
Williams (Cordell) v. Wexford, IL, Settlement, Medical Neglect, 2017 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION CORDELL WILLIAMS, ) ) Plaintiff, ) ) vs. ) No. 10 CV 162 ) WEXFORD HEALTH SERVICES, INC., a ) Honorable Judge John Z. Lee Florida Corporation; …
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