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Seventh Circuit Says Lack of Expert Testimony Dooms Illinois Prisoner’s Medical Neglect Claim
Loaded on March 1, 2024
by Douglas Ankney
published in Prison Legal News
March, 2024, page 43
Filed under:
Wexford Health Services,
Failure to Treat,
Expert Witnesses,
Deliberate Indifference.
Location:
Illinois.
by Douglas Ankney
The U.S. Court of Appeals for the Seventh Circuit offered an Illinois state prisoner a hard lesson on July 27, 2023, affirming dismissal of his medical neglect claim against prison contractor Wexford Health Sources, Inc., for lack of evidence that expert testimony could have provided.
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More from this issue:
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- From the Editor, by Paul Wright
- Lawsuit Claims Seattle’s King County Jail Shows Little Improvement in Quarter Century Since “Hammer Agreement”
- No Jail Time for Former Arizona Prisons Director After Armed Standoff With Cops
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- Colorado Sheriff Resigns After Deputies Fatally Shoot Motorist
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- Rikers Island Detainees Given Pricey Weight-Loss Surgery but Little Follow-Up Care
- Illinois Eases Restrictions on Prisoners Released Under Supervision
- Moms Released from Massachusetts Prison Decry Dearth of Help
- Eighth Circuit Issues Primer on Informal Due Process Procedures to Missouri Prisoner, by David Reutter
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- Ninth Circuit Shuts Down Settlement Agreement in Long-Running California Prisoners’ Gang Affiliation Suit, by David Reutter
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- New Jersey Supreme Court Revives Parolee’s Challenge to Administratively Imposed Treatment Program, by Matthew Clarke
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More from Douglas Ankney:
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- Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, May 15, 2024
- Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, May 15, 2024
- California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing on First-Degree Murder Conviction, May 15, 2024
- Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds, May 15, 2024
- New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat, May 15, 2024
- Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences, May 15, 2024
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- Sixth Circuit Announces Untimely Notice of Appeal That Provides Reason for Tardiness May Be Construed as Motion to Reopen, May 15, 2024
- $175,000 Awarded to Former California Detainee Whose Suit Prompted DOJ Investigation and Settlement Requiring Structural Changes at Jail, April 26, 2024
More from these topics:
- $175,000 Awarded to Former California Detainee Whose Suit Prompted DOJ Investigation and Settlement Requiring Structural Changes at Jail, April 26, 2024. Disabled Prisoners, Failure to Treat, Jail Specific, DOJ CRIPA Actions, Americans with Disabilities Act.
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024. Guard Misconduct, Failure to Treat, Jail Specific, Qualified Immunity, Medical Neglect/Malpractice, Immunity - Absolute and Qualified, Deliberate Indifference.
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024. Guard Misconduct, Seizures, Failure to Treat, Drug Overdose, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference.
- BOP Guard, Nurse in Virginia Indicted in Prisoner’s Death, April 26, 2024. Guard Misconduct, Medical Misconduct, Failure to Treat, Deliberate Indifference.
- Eleventh Circuit: “More than Gross Negligence” Required to Prove Deliberate Indifference, April 26, 2024. Medication, Seizures, Failure to Treat, Deliberate Indifference.
- Crime Scene Context: Bridging the Gap Between Evidence and Reconstruction, April 15, 2024. Expert Witnesses, Expert Witnesses/Testimony.
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- $9,000 Settlement in Wisconsin Prisoner’s Heat-Related Illness Suit, April 1, 2024. Failure to Treat, Exposure to Heat, Discovery, Deliberate Indifference.