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Seventh Circuit Reinstates Wisconsin Prisoner’s ADA Claim for Untreated Knee Injury
Loaded on March 1, 2024
by Matthew Clarke
published in Prison Legal News
March, 2024, page 54
Filed under:
Failure to Treat,
Bedding,
Complaints,
Americans with Disabilities Act,
Sufficiency of Pleadings,
Deliberate Indifference.
Location:
Wisconsin.
Matt Clarke
On August 25, 2023, the U.S. Court of Appeals for the Seventh Circuit reinstated a Wisconsin prisoner’s claim that officials with the state Department of Corrections (DOC) violated Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. ch. 126 § 12101, et seq., by refusing to make ...
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More from this issue:
- Overcrowded and Understaffed, Oklahoma County Jail Remains “Deplorable”, by David Reutter
- 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
- Pennsylvania County Found Skimming Prisoner-Designated Funds from ViaPath Kickbacks
- Colorado Sheriff Resigns After Deputies Fatally Shoot Motorist
- With Guard Arrests at Georgia Jail, Sheriff Asks, “What Are We Doing Wrong?”
- U.S. Sentencing Commission Greenlights Retroactive Sentence Reductions
- Redemption Songs: The Forgotten History of American Prison Music, by Maurice Chammah
- Nearly $11 Million Settlement Reached in Suit by BOP Prisoners Held Without Heat, Electricity During New York Winter Storm, by Douglas Ankney
- Massachusetts Becomes the Fifth State to Make Prison Phone Calls Free
- Federal Prisoner in Virginia Convicted on Fresh Kiddie Porn Charges After Drawing His Own
- California Slowed, But Not Barred from “Dumping” Sick, Indigent Parolees on Public Hospitals
- 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
- DOJ Finds ADA Violations in Arizona Prisons, Demands Improvements
- Unsealed Settlement Reveals PrimeCare Medical Paid $337,500 After Pennsylvania Prisoner’s Suicide, by David Reutter
- Sick Georgia Prisoners Forced to Choose Between Treatment and Early Release
- Eighth Circuit Remands ADA Claims—But Not Constitutional Claims—of Paralyzed Arkansas Jail Detainee, by David Reutter
- “Unethical At Best”: Hawaii Budget Director Charged With Financing New Prison is Former CoreCivic Lobbyist
- “More jobs than people”: Prisoners Training to Work on Ohio Infrastructure Projects after Release
- Alabama Conducts First Nitrogen Hypoxia Execution
- Escape from Oregon State Hospital Results in Changes to Detainee Transports
- HRDC Wins $14 Million Settlement for Exonerated Florida Prisoner
- Four Dead in One Month in San Bernardino County Jails, $3,232,500 in Settlements Paid So Far, by Casey Bastian, Douglas Ankney
- Seventh Circuit Revives Prisoner’s Challenge to Seized $10,000, by David Reutter
- Alabama Prisons Facing Third Class-Action Lawsuit
- Muslim Florida Prisoner Awarded Permanent Injunction to Grow Untrimmed Beard, by David Reutter
- North Carolina Prison Official Pleads Guilty to COVID-19 Program Fraud
- South Carolina Sheriff Ordered to Pay $37,500 in Fees and Costs in Jail FOIA Case, by Matthew Clarke
- Guard and Four Summit Food Service Employees Arrested for Smuggling at Troubled Atlanta Jail
- New York Prisoners with Chronic Pain Win Injunction to Receive Denied Medication, by Matthew Clarke
- Ninth Circuit Shuts Down Settlement Agreement in Long-Running California Prisoners’ Gang Affiliation Suit, by David Reutter
- $470,000 Settlement After Texas Jail Nurses Fabricate Vital Signs for Detainee Who Died, by Douglas Ankney
- New Jersey Supreme Court Revives Parolee’s Challenge to Administratively Imposed Treatment Program, by Matthew Clarke
- BOP Pays $40,000 to Prisoner Sexually Assaulted at Florida Lockup by Guard, Who Must Pay Her $1 Million, by David Reutter
- Serial Killer Murdered by Cellmate at Texas Lockup
- California Felony-Murder Reform Shaves 11,000 Years Off 600 Prisoner Sentences, by Douglas Ankney
- Seventh Circuit Says Lack of Expert Testimony Dooms Illinois Prisoner’s Medical Neglect Claim, by Douglas Ankney
- Texas Fights Fetal Rights After Forcing Prison Guard to Stay At Work Until She Delivered Stillborn Baby
- Suit Filed After Mentally Ill Detainee Starves to Death in Miami Jail, by David Reutter
- Senators Grill BOP Chief—Then Say They’ll Toss Her More Money
- Nevada Prisoner Strikes Out in Access-to-Courts Claim, by David Reutter
- New Jersey Private Prison Ban Voided
- Eighth Circuit Affirms $800,000 Award After Arkansas Jail Detainee’s Fatal Appendix Rupture, by Matthew Clarke
- New Minnesota Justice Center Aims to be More ‘Humane’
- Wellpath Held in Contempt in Suit at California Jail
- Minnesota Prison on Lockdown After Protest Over Dirty Water, Lack of Phone Use and Out-of-Cell Time
- Seventh Circuit Reinstates Wisconsin Prisoner’s ADA Claim for Untreated Knee Injury, by Matthew Clarke
- California Prison Fined $1.7 Million for Stormwater Discharges, Environmental Violations
- Eleventh Circuit Revives Claim Against Florida Jail That Forced Detainee to Scan Legal Mail Into Computer with Memory Chip, by David Reutter
- Illinois Failing to Grant Dying Prisoners Medical Releases
- Louisiana Fugitive Recaptured After 32 Years
- Florida Pastor Accused of Running Shoplifting Ring With DUI Diversion Program Participants
- MTC Returns $5.125 Million to Mississippi for “Ghost Workers” at Private Prisons
- $900,000 Settlement Reached With Ohio Jail in Detainee’s Fatal Seizure, by David Reutter
- Tribal Courts Expand ‘Healing to Wellness’ Rehabilitation Programs
- Four TDCJ Guards Resign, Seven Suspended for Beating Handcuffed Prisoner Into Coma
- Oklahoma Parole Board Resignations Threaten Prisoner Clemencies
- Michigan Reaches $1.03 Million Settlement with Exonerated Prisoner
- News in Brief
- After Eight Deaths in Eight Years, Virginia Jail Introduces—Pickleball?
More from Matthew Clarke:
- Report Finds Bad Forensic Evidence Leads to More Wrongful Convictions and Establishes Forensic Errors Typology, May 15, 2024
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, April 15, 2024
- Condemned Texas Prisoner Ruled Too Mentally Ill to Execute, April 1, 2024
- $9,000 Settlement in Wisconsin Prisoner’s Heat-Related Illness Suit, April 1, 2024
- Oklahoma Jail Withholds Death Records, Fails to Report Five Since 2018, April 1, 2024
- North Carolina Court of Appeals Reinstates Parolee’s Parental Rights, Says Parole Conditions Barred Him from Visiting Minor Daughter, April 1, 2024
- Federal Prisoners Released Under First Step Act Show 37% Reduction in Recidivism, April 1, 2024
- Arizona Supreme Court Reverses Summary Judgment for Corizon Health in State Prisoner’s Death from Untreated Diabetes, April 1, 2024
- Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term, March 15, 2024
- California Court of Appeal Reverses Denial of Full Resentencing Under SB 483, March 15, 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.
- Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant, April 26, 2024. Complaints, Civil Rights Actions or Offenses/Bivens Actions, Dismissal.
- 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.
- Third Circuit Revives Disabled New Jersey Prisoner’s Claim for Deprivation of Walking Cane, April 1, 2024. Disabled Prisoners, Americans with Disabilities Act, Rehabilitation Act, Eleventh Amendment Immunity, Deliberate Indifference.
- Arizona Supreme Court Reverses Summary Judgment for Corizon Health in State Prisoner’s Death from Untreated Diabetes, April 1, 2024. Corizon, Diabetes, Failure to Treat.
- $33 Million Awarded to Family of Oklahoma Jail Detainee Mocked By Nurse and Guards As He Died Begging for Help, April 1, 2024. Guard Misconduct, Medical Misconduct, Failure to Treat, Jail Specific, Medical Neglect/Malpractice.
- $9,000 Settlement in Wisconsin Prisoner’s Heat-Related Illness Suit, April 1, 2024. Failure to Treat, Exposure to Heat, Discovery, Deliberate Indifference.