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Medically Unacceptable Biopsy States Eighth Amendment Claim
Loaded on May 5, 2016
published in Prison Legal News
May, 2016, page 45
In an unpublished ruling, the Ninth Circuit Court of Appeals held the estate of California prisoner Robert Staggs stated a claim that prison doctors were deliberately indifferent to his serious medical needs.
The matter was before the Ninth Circuit after the district court dismissed the case at the pleading stage ...
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More from this issue:
- Alabama Forced to Confront Criminal Justice Reform, by David Reutter
- Low Pay, Long Hours Fuel Increasing State Prison Staffing Problems, by Derek Gilna
- PLN Exclusive: Illinois Prisoner Exonerated, Released after Ten Years, by Derek Gilna
- How Prison Phone Calls Became a Tax on the Poor
- ACLU Report: Women Uniquely Harmed by Solitary Confinement, by Matthew Clarke
- UK Supreme Court Rules Against Unlawful Use of Solitary Confinement, by Christopher Zoukis
- Disputed PLRA Administrative Exhaustion Issues Properly Resolved in Bench Trial
- $8,000 Settlement for Medical Maltreatment by BOP; Court Finds Experts Not Required, by Derek Gilna
- Corrections Agencies Use Obamacare to Pay for Prisoners’ Medical Care, by Christopher Zoukis
- L.A. County Audit Recommends More Contract Oversight for Probation Department, by Derek Gilna
- Delaware Supreme Court Suspends Prosecutor for Misconduct, by Christopher Zoukis
- $15 Million Award for Prisoner Rendered Paraplegic Due to Medical Malpractice Affirmed, by David Reutter
- Florida’s Private Prison Movement Alive and Well, by David Reutter
- Audits Expose Irregularities in Iowa Prison System Spending, by Derek Gilna
- Seventh Circuit Reverses Dismissal of Ex-prisoner’s § 1983 Action Regarding Computer Disk, by Derek Gilna
- Lawsuit Claims Florida Teen Raped, Beaten in Prison Initiation Ritual
- Fourth Circuit Upholds Denial of Summary Judgment to Guards in Excessive Force Suit
- BOP Pays $70,000 to Settle Lawsuit by Sexually Abused Transgender Prisoner, by Derek Gilna
- $30,000 Settlement for New York Prisoner Assaulted by Guard
- California Supreme Court Rules in Prisoner’s Favor in Compassionate Release Denial, by Gary Hunter
- Nonviolent Michigan Offenders Can Seek Expungement Under New Law, by David Reutter
- Prisoner Rights Advocates Disappointed with Pace of Obama Clemency Initiative, by Derek Gilna
- Former U.S. Attorney General’s Legacy: Too Little, Too Late, by Derek Gilna
- Medically Unacceptable Biopsy States Eighth Amendment Claim
- Prisoners in Chicago Learn Skills, Improve Neighborhoods by Demolishing Vacant Homes, by Gary Hunter
- Report Documents U.S. Recidivism Rates for Federal Prisoners, by Christopher Zoukis
- California Jail’s Psychotropic Medication Policy Leads to Lawsuit, Settlement, by David Reutter
- Idaho Prison Population Drops, Out-of-State Prisoners Re-turned, by Christopher Zoukis
- Delaware Prisoners Sue DOC Alleging Sexual Assaults by Prison Doctor, by Christopher Zoukis
- Seventh Circuit: Former Parolee May Sue Over Delayed Release from Parole
- Hawaii Prisons Experience Security Failures, Other Troubling Incidents, by David Reutter
- Second Circuit: Truth of Arrest Remains Despite Connecticut “Erasure” Law, by Mark Wilson
- Second Circuit: Administrative Remedies Unavailable for Beating at Holding Facility
- BOP Recognizes Humanist Religion after Prisoner Files Suit, by Derek Gilna
- A “Quantum Leap” Isn’t Far Enough for the Prison Phone Industry, by Carrie Wilkinson
- Suit Filed Over New Hampshire DOC’s Restrictive Mail Policy
- Warden’s Decision to Quarantine Handicapped Person in Unaccommodated Cell Actionable; $200,000 Settlement
- Tennessee Sheriff’s Denial of Public Records Merits Attorney Fee Award
- Why is California Thumbing its Nose at a Federal Court?, by Caleb Mason
- New York: $35,000 Awarded for Three-week Illegal Confinement, by Mark Wilson
- Fourth Circuit Finds 20 Years in Solitary an Atypical and Significant Hardship, by David Reutter
- California’s Inspector General Cites Abuses at High Desert State Prison, by Derek Gilna
- $1,000 Jury Award in Texas Prisoner’s Excessive Use of Force Suit, by Matthew Clarke
- Ninth Circuit: Witnesses Cannot Refuse to Testify at Civil Trial
- Supreme Court Reverses SORNA Notification Requirement when Sex Offenders Move Overseas, by Derek Gilna
- Lawsuit Filed Over Death of Pepper-sprayed, Mentally Ill California Prisoner, by Gary Hunter
- From the Editor, by Paul Wright
- News in Brief
More from these topics:
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- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025. Sexual Assault, Failure to Protect (General), Eighth Amendment, Staffing, Stun Guns/Tasers.
- HRDC Wins $480,000 in Legal Fees from Centurion for Denied New Mexico Records, Aug. 1, 2025. Centurion, Systemic Medical Neglect, Medical Records, Misdiagnosis, Failure to Treat, Malpractice, Medical Neglect/Malpractice, Public Records Act, HRDC Publications, HRDC Litigation.
- Suit Filed Over Fatal Beating of New York Prisoner That Sparked Massive Guard Strike, Aug. 1, 2025. Guard Misconduct, Failure to Treat, Guard Brutality/Beatings, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death).
- $2.6 Million Paid for Detoxing Washington Jail Detainee Allowed to Leap to His Death, Additional NaphCare Payout Undisclosed, Aug. 1, 2025. Drug/Alcohol Withdrawal, Failure to Treat, Failure to Protect (Wrongful Death).
- $15 Million Settlement Reached in San Diego Jail Detainee’s Untreated Withdrawal Death, Aug. 1, 2025. Drug/Alcohol Withdrawal, Failure to Treat, Arrest and Booking.
- $325,000 Paid to Former Wisconsin Prisoner Whose Cancer Biopsy Was Delayed by Previously Disciplined Doctor, Aug. 1, 2025. Cancer, Failure to Treat, Malpractice.
- $1.875 Million Partial Settlement for Colorado Detainee’s Death from Untreated Alcohol Withdrawal; Claims Against Wellpath Pending Bankruptcy, Aug. 1, 2025. Systemic Medical Neglect, Drug/Alcohol Withdrawal, Failure to Treat, Medical Neglect/Malpractice.
- Qualified Immunity Denied for Iowa Prison Doctor’s MRI Delay for Non-Medical Reasons, Aug. 1, 2025. Systemic Medical Neglect, Failure to Treat, Qualified Immunity.
- Ninth Circuit Affirms Dismissal of Arizona Challenge to Private Prisons, July 15, 2025. Private Prisons, Eighth Amendment, Thirteenth Amendment, rights, Fourteenth Amendment, rights.