×
You've used up your 3 free articles for this month. Subscribe today.
West Virginia High Court Decides Medical Practice Liability Act Not Applicable to Prison System
Loaded on Jan. 1, 2024
by David Reutter
published in Prison Legal News
January, 2024, page 59
Filed under:
Primecare Medical,
State Law Claims,
Medical Neglect/Malpractice,
Drug Treatment/Rehab,
Failure to Treat (Mental Illness),
State Statutes.
Location:
West Virginia.
by David M. Reutter
In June 8, 2023, the Supreme Court of Appeals of West Virginia held that the Medical Professional Liability Act (MPLA), W. Va. Code §§ 55-7B-1 to 12, does not apply to the state Division of Corrections and Rehabilitation (DCR).
Before the court was a motion by DCR ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- See No Evil, Hear No Evil, Treat No Evil: Centurion and the Curse of For-Profit Prison Healthcare, by J.D. Schmidt
- From the Editor, by Paul Wright
- $7.75 Million Paid by San Diego County After Jail Detainee Severely Injured in Fall from Top Bunk
- Alabama DOC Proves Truly “Heartless”
- Misadventures in Mail Censorship, by Robert Schaeffer
- Private Prisons Hold Almost 100,000 Prisoners, 8% of Total U.S. Prison Population
- Hear Us Now? Hearing Impaired Tennessee Prisoners Secure Injunction
- Fifth BOP Employee Sentenced in California “Rape Club,” Another Lawsuit Filed
- Another Report Verifies That Prison Deaths Soared During COVID-19 Pandemic
- Record-Setting $7 Million Settlement Caps LaSalle’s Legacy at Texarkana Jail, by Matthew Clarke
- 153 Killed in Custody in Salvadorian Gang Crackdown
- Former L.A. County Jail Detainees Denied Promised Sentence Credits
- Washington Agencies Sanctioned for Discovery Violations Reach $3.1 Million Settlement with Disabled Woman Allegedly Abused at State Sanctioned Home
- Former Florida Guard Gets Five Years for Fatal Assault on Mentally Ill Prisoner
- N.H.’s First Black Sheriff Charged With Embezzling $19,000
- Hurdles to Voting for Ex-Felons Rise in Tennessee and Virginia, Fall in Mississippi
- “Brushed It Under the Rug”: Investigation Refutes Florida Sheriff’s Story About Jail Detainee’s Death
- Corizon Health Bankruptcy Delayed by Revelation of Attorney’s Affair With Mediator
- Virginia Leads the Nation in K-9 Attacks on Prisoners
- Nearly $75 Million Class-Action Settlement Reached For Delayed Releases from N.Y.C. Jails
- Officials of Pennsylvania Guards Union Charged with Theft
- $10,000 Verdict for Fired Guard’s Failure to Protect Louisiana Prisoner From Stabbing, by David Reutter
- $9,000 Settlement for Florida Prisoner’s Retaliation and Excessive Force Claims Against Guards, by David Reutter
- Wisconsin Supreme Court: Jail Time Must Be Credited When Charge Causing Jailing Read in At Sentencing, by Matthew Clarke
- Oklahoma Prisoner Uses COVID-19 Stimulus Check to Overturn Conviction
- The Good That Prisoner Rights Lawyers Do
- New Head of “Constitutional Sheriffs” Calls MLK a “Thug”
- Eleventh Circuit Addresses First Amendment, Due Process Interests in Georgia Prisoner Emails
- Second Circuit Strips Qualified Immunity from Connecticut Officials Who Ignored Prisoner’s Scalp Lesions, by David Reutter
- Long Waits for Montana Jail Detainees Needing Competency Restoration Services
- West Virginia Pretrial Detainee’s Lawsuit for Sexual Abuse Survives Dismissal Stage, by David Reutter
- Eighth Circuit Says Arkansas Prisoner’s Medical Incapacity May Excuse PLRA Exhaustion Failure
- Deaths While Incarcerated Up 18% in Louisiana
- Despite “Ban the Box” Laws, Most Prisoners Still Unemployed a Year After Release
- Seventh Circuit Reinstates Illinois Prisoner’s Claim Against Kitchen Supervisor for Scalding From Spilled Hot Water
- George Floyd’s Killer Stabbed 22 Times in Federal Prison in Arizona
- Former New Mexico Guard Convicted of Sexually Assaulting Prisoner, Suit Filed
- Ed Mead: Rest in Power, by Paul Wright
- Multiple Staffers Arrested at Georgia’s Clayton County Jail
- The “Lunacy Zone:” How Mississippi Jails 700 Mentally Ill People a Year Without Charges
- Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement
- Maine Ends Prison Gerrymandering
- Fifth Circuit Revives Suit Against Texas Jailers Who Tasered Detainee Suffering Epileptic Seizure, by Douglas Ankney
- West Virginia High Court Decides Medical Practice Liability Act Not Applicable to Prison System, by David Reutter
- Nevada Prisoner Wins Injunction Requiring DOC to Provide Exercise Despite Guard Shortage
- Seventh Circuit Slams Illinois Civil Commitment Program but Reverses Injunction
- Florida Prisoners Not Required to File Rulemaking Petition to Satisfy PLRA Exhaustion Requirement, by David Reutter
- News in Brief
More from David Reutter:
- California Court of Appeal Explains Qualification for Mental Health Diversion Under Pen. Code § 1001.36, Rules Defendant Qualified for Pretrial Mental Health Diversion, July 15, 2024
- Alaska’s Prison System: Dangerous, Deadly Yet Repeating Past Mistakes, July 1, 2024
- Third Circuit Denies Qualified Immunity to Pennsylvania Jail Guards and PrimeCare in Detainee’s Overdose Death, July 1, 2024
- Ninth Circuit: Alleged Denial of Hepatitis C Treatment to Federal Prisoner in Washington Presents Valid Bivens Claim, July 1, 2024
- $15,000 Net Award for Georgia Prisoner’s Delayed Hep-C Treatment, July 1, 2024
- CoreCivic Sued by Former Detainee Stabbed at Shuttered Kansas Jail, July 1, 2024
- Seventh Circuit Finds No Problem With Surveillance of Chicago Detainees on Toilets, July 1, 2024
- Colorado Jail Guard Must Stand Trial for Opening Accused Sex Offender’s Cell, Subjecting Him to Assault, July 1, 2024
- Federal Sentencing Guidelines Place Heavy Burden on Incarcerated Victims of Sexual Assaults, July 1, 2024
- Pennsylvania Supreme Court Slows the Hand That State DOC Sticks Into Prisoners’ Pockets, July 1, 2024
More from these topics:
- $3.76 Million Awarded to Denver Grandmother for SWAT Raid of Home Based on Inaccurate iPhone Ping, July 15, 2024. State Law Claims, SWAT Teams, State Constitutional Claims, False Statements, Testimony or Documents.
- Tennessee Supreme Court Announces Prospective Abrogation of Common Law Accomplice-Corroboration Rule, July 15, 2024. State Law Claims, Co-onspirator and Accomplice Statements/Testimony, Accessories and Accomplices.
- Wrongfully Convicted Michigan Prisoners Wait for Compensation, July 1, 2024. State Law Claims, Wrongful Conviction.
- Minnesota Jailers Shrug Off Detainee’s Agony from Fatal Perforated Bowel as Withdrawal Symptoms, July 1, 2024. Drug/Alcohol Withdrawal, Medical Neglect/Malpractice.
- Mentally Ill Detainee Allegedly Tasered and Starved to Death At South Carolina Jail, July 1, 2024. Food, Stun Guns/Tasers, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Chemical Spraying of Mentally Ill Inmates.
- Third Circuit Denies Qualified Immunity to Pennsylvania Jail Guards and PrimeCare in Detainee’s Overdose Death, July 1, 2024. Primecare Medical, Drug Overdose, Qualified Immunity, Medical Neglect/Malpractice.
- CoreCivic Sued by Former Detainee Stabbed at Shuttered Kansas Jail, July 1, 2024. Corrections Corporation of America/CoreCivic, Totality of Conditions, Failure to Protect (General), State Law Claims.
- $4 Million Settlement in Class Action Challenging Unconstitutional Conditions at West Virginia Jail, July 1, 2024. Wexford Health Services, Primecare Medical, Totality of Conditions, Jail Specific, Bankruptcy.
- $2 Million Settlement in Death of Mentally Disabled Detainee Stripped of Anti-Seizure Device at Colorado Jail, July 1, 2024. Correct Care Solutions, Seizures, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- Landmark Drug Possession Reform Based on Unproven Allegations Reversed in Oregon, June 15, 2024. Criminal justice system reform, War on Drugs, State Law Claims.