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Seventh Circuit: Nurse’s Deliberate Indifference to Prisoner’s Pain Negates Summary Judgment Grant
by David M. Reutter
The Seventh Circuit Court of Appeals held on July 23, 2020 that a prisoner acting pro se persuaded it that a factual issue remained as to whether a nurse was deliberately indifferent to his pain and suffering. The court reversed a grant of summary judgment as ...
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More from this issue:
- Tougher Than the Rest: No Criminal Justice Reform “Miracle” in Texas, by Marie Gottschalk
- North Carolina Prisoners at Deadliest Federal Prison File Suit on COVID-19 Response, by Matthew Clarke
- From the Editor, by Paul Wright
- Sixth Circuit Grants Qualified Immunity to Sheriff in Tennessee Prisoner’s Assault Case, by David Reutter
- Preliminary Studies: Black/Latino Populations Disproportionately Affected by COVID-19, by Douglas Ankney
- North Carolina Cancer Patient Dies From COVID-19 After BOP Denies Compassionate Release and Sentencing Judge Rejects Appeal, by Derek Gilna
- Federal Lawsuit Claims Texas Jail Released Man When Medical Problems Became Too Much Trouble, Resulting in Coma, by Dale Chappell
- Pandemic Medical Update: The Latest on Vaccines and Prisoners, by Michael D. Cohen, MD
- CoreCivic Sued Over Prisoner Who Committed Suicide in Tennessee Prison, by Matthew Clarke
- Magic as Rehabilitation, by Jayson Hawkins
- In Prisons, the Press Also Yearns to Be Free, by Casey Bastian
- California: Prisoner-Run Journalism Thrives with San Quentin News, Ear Hustle, by David Reutter
- My Ankle Monitor Won’t Let Me Take Out The Garbage, by Eleanor Bader
- Tennessee Juvenile Murderer’s Sentence Commuted, by Edward Lyon
- How Jails Became a Breeding Ground for the Coronavirus, by Keith Sanders
- Charges Finally Announced 32 Months After South Carolina Prison Riot, by David Reutter
- Alabama Court Allows Lawsuit Over Indigent Traffic Offenders Jailed for Not Paying Fines, by David Reutter
- Salt Lake County, Utah, Settles Federal Civil Rights Wrongful Death Claim for $950,000, by Derek Gilna
- Urban Redo: Lorton, Virginia Prison Recreated as Liberty Village, by Kevin Bliss
- Court Rejects Class Status for Nebraska Prisoners Facing Substandard Health Care, by David Reutter
- Seventh Circuit: Nurse’s Deliberate Indifference to Prisoner’s Pain Negates Summary Judgment Grant, by David Reutter
- Second Circuit Reverses Summary Judgment in New York Prisoner’s Due Process Lawsuit, by David Reutter
- St. Louis, Missouri Guard Has History of Taser Abuse, by Daniel A. Rosen
- Former Prisoners Making Less Than Minimum Wage Working for Nonprofit Doe Fund, by Dale Chappell
- South Florida: Jail Hotline Releases Report on Inadequate Health Care During Pandemic, by Saraana Jamraj
- Rapper Sues BOP Alleging Torture, by David Reutter
- As Prison COVID-19 Cases and Deaths Rise, Washington State Supreme Court Looks Away, by Mark Wilson
- Montana Supreme Court: Jail’s Blanket Strip Search Policy Violates Law, by Matthew Clarke
- Some Prisons Bear Names of Enslavers, Oppressors, Racists and Segregationists, by Matthew Clarke
- Over Half the Prisoners Test Positive for COVID-19 at Arizona Prison, by Matthew Clarke
- New Book on Art in the Age of Mass Incarceration, by Edward Lyon
- Louisiana’s COVID-19 Prisoner Furlough Panel Next to Useless, by Edward Lyon
- COVID-19 Hits Fairfax, Virginia Juvenile Detention Center, by Kevin Bliss
- Seventh Circuit Holds Illinois Prisoners Retain Fourth Amendment Rights to Bodily Privacy, Overruling Circuit Precedents, by Matthew Clarke
- Federal Class Action Settlement Aims to Eliminate Horrific Conditions at Santa Barbara, California Jails in Three Years, by Derek Gilna
- Almost Half of North Dakota Jail Tests Positive for COVID-19, by David Reutter
- U.S. Prisons Originally Designed to Prevent Spread of Disease Become Breeding Ground During Pandemic, by Edward Lyon
- Former Pennsylvania Prisoner’s Complaint Cures Failure to Exhaust Administrative Remedies, by David Reutter
- Georgia Prisoners Lacked Food, Water, Leading to Melee, by Jayson Hawkins
- Opioid Crisis in Canadian Prisons Needs to be Addressed, by Kevin Bliss
- CoreCivic and Securus Technologies Agree to Pay $3.7 Million to Settle Suit for Illegally Recording Attorney-Client Conversations, by Douglas Ankney
- $2 Million Settlement in Lawsuit Over N.Y. Prisoner Denied Emergency Eye Surgery Until She Went Blind, by Matthew Clarke
- Scottish Prisoners Issued Mobile Phones During Pandemic, by Kevin Bliss
- Private Health Care Services in County Jails Comes at High Price, by Kevin Bliss
- Sixth Circuit Holds Ohio Prisoner Can Be Executed Despite Previous Botched Attempt, by Matthew Clarke
- First Former Felon Elected to Washington State Legislature, by Daniel A. Rosen
- Second Circuit: No Error in Blocking New York Parolee from Attending His Own Civil Rights Trial Against Prison Officials, by Matthew Clarke
- As Millions Suffer, Congress Awards BOP $356 Million for New Kansas Prison, by Mark Wilson
- Tennessee Prisons “Naughty” List Shows Prison Staff Often Bring in Contraband, by Edward Lyon
- News in Brief
- Alabama Guards Accused of Excessive Use of Force, Hospitalizing One Prisoner and Injuring Another, by Kevin Bliss
More from David Reutter:
- Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant, Oct. 1, 2024
- Turn Key Health Clinics: Another Private Jail Medical Provider Leaving a Trail of Death and Misery, Sept. 15, 2024
- Competency Evaluation Ordered for Condemned Utah Prisoner, Sept. 15, 2024
- Missouri Prisoner’s Excessive Force Claim Proceeds Against Guards After Court Excuses Missed Deadlines Under “Unavailable” Grievance Procedure, Sept. 15, 2024
- $1.1 Million Settlement for Colorado Prisoner Stabbed by Gang Members For Testifying About Prison Murder, Sept. 15, 2024
- Second Circuit: New York Prisoner’s Prior Cases Not PLRA Strikes, Sept. 15, 2024
- $700,000 Settlement in BOP Prisoner’s Death After Court Refuses to Extend Bivens, Sept. 15, 2024
- Watchdog Faults BOP for Averaging 43 Prisoner Deaths a Year—More Than 23 by Suicide, Sept. 15, 2024
- Mom of Murdered California Prisoner Defeats Motion to Dismiss Lawsuit by Guard Who Posted Pics of Corpse Online, Sept. 15, 2024
- Tenth Circuit Affirms Former Oklahoma Jail Captain’s 46-Month Sentence For Brutalizing Detainees, Sept. 15, 2024
More from these topics:
- TDCJ Denied Summary Judgment In Suit by Prisoner Who Missed Grievance Deadline Because Guard’s Assault Left Him In a Coma, Sept. 15, 2024. Staff-Prisoner Assault, Guard Brutality/Beatings, Summary Judgment.
- Mom of Murdered California Prisoner Defeats Motion to Dismiss Lawsuit by Guard Who Posted Pics of Corpse Online, Sept. 15, 2024. Failure to Protect (Wrongful Death), Motion To Dismiss, Social Media, Deliberate Indifference.
- Woman Left Handcuffed in Parked Cop Car Struck by Train Settles Suit for $8.5 Million, Sept. 1, 2024. Police Misconduct, Restraints, Settlements, Physical Injury/Restraint, Deliberate Indifference.
- Fourth Circuit Revives Claim Over North Carolina Jail Suicide, Aug. 15, 2024. State Law Claims, Suicides, Deliberate Indifference.
- Indiana Supreme Court Says “Summary Judgment Is Not Summary Trial,” Remanding State Prisoner’s Malpractice Claim to a Jury, Aug. 15, 2024. Malpractice (Attorneys), Summary Judgment, Resentencing, Remands/Rehearings/Resentencings.
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial, July 1, 2024. Administrative Exhaustion (PLRA), Summary Judgment, Summary Judgment/Judgment N.O.V., Prison Litigation Reform Act (PLRA).
- 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.