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☆ Prisoner Lawsuit Statistics Show Only 1% of Eighth Amendment Cases Win
▼ + stars: | 2024-12-26 | by ( Nicole Einbinder | Hannah Beckler | ) www.businessinsider.com time to read: +20 min

AdvertisementFew cases win outrightBusiness Insider analyzed a sample of nearly 1,500 federal Eighth Amendment lawsuits — including every appeals court case with an opinion we could locate filed from 2018 to 2022 and citing the relevant precedent-setting Supreme Court cases and standards — and found that a settlement like Smith's was exceedingly rare. BI was able to identify just six cases that settled for $50,000 or more; half of those, including the England case, involved prisoner deaths. A New York prisoner won $2,000 for claims that he suffered debilitating pain while prison officials delayed treating his degenerative osteoarthritis. BI interviewed 10 attorneys who represented prisoners or their families in cases that prevailed; they all said the cases would have struggled to succeed without counsel. The underlying Eighth Amendment claim, he said, entailed abuse with the potential to infuriate even jurors sympathetic to law enforcement.

Persons: Joshua England's, I've, he'd, Joshua England didn't, He'd, Joseph Harp, Robert Balogh, Balogh, Nick Oxford, Christy Smith, Joan Kane, Charles Goodwin, Smith's, Beth Hardtke, —, Clinton, Victor Glasberg, Chris Smith, Smith, Darren Smith, Nick, Lawrence Piersol, Tony Johnson, Joseph Long, Johnson, Long, Chris Smith's, Thad Delaughter, didn't, Thad Delaughter's, Gloria Perry, Perry, William Kent Dean, Cynthia Dean, Dean, Dean hadn't, Diane Wood, Wexford, Terri Hardy, Josh England's, Paola Armeni, They're, Carlos Perez Jr, John Ruiz Ramos, Ramos, Perez, Armeni, Stacey Richards, birdshot, Richards Organizations: Joseph Harp Correctional, Business, Oklahoma Department of Corrections, England, Choctaw Nation, Western, Court, BI, New York, Circuit, Wisconsin Department of Corrections, Nick Oxford, South, Louisiana Middle, The Louisiana Department of Public Safety, Corrections, Mississippi Department of Corrections, Mississippi Southern District, Wexford Health, Wexford, Illinois Department of Corrections, Eastern, Eastern District of, California Department of Corrections, Rehabilitation, Ely State, Nevada Department of Corrections Locations: England, Oklahoma, Fairview ., United, Oregon, Nevada, Wisconsin, Mississippi, South Dakota, Virginia, Louisiana, Angola, Illinois, Wexford, California, Eastern District, Eastern District of California, Las Vegas, Ely, Clark County

☆ Courts Shield Healthcare Staff From Medical Neglect Claims in US Prisons
▼ + stars: | 2024-12-24 | by ( Hannah Beckler | Nicole Einbinder | ) www.businessinsider.com time to read: +49 min

AdvertisementTogether, the claims describe a US prison medical culture defined by a gross disregard for human life. In dozens of cases in BI's sample, incarcerated people said they were denied emergency medical treatment by corrections officers or medical staff despite obvious medical distress. But according to his complaint and internal grievance files, the prison medical staff denied Kirk's request to be seen at a hospital. In at least a dozen cases BI examined, outside medical authorities, such as hospital doctors, testified that the medical treatment prisoners received was substandard. As Mann's abdominal pain continued over the next two years, according to medical records, prison medical staff ordered X-rays and lab work but did not conduct a thorough oncological screening.

Persons: Robert Silvis, Silvis, Carolyn Conrad, Christopher Cox sprawled, Cox, Cox's, Hurley Brown, Conrad, hadn't, Nick, Martin, Farmer, Brennan, Maximo Gomez, Gomez, Gomez flinging, Derek Cedri, peered, Brown, Cedri, stomped, Camille Griffin Graham, Julie Mason, nauseated, Mason, Anthony Celebrezze, James Kirk, Kirk, Beth Hardtke, Jerry Walden, who'd, Walden, Kenneth Rhinehart, Rhinehart, Robert Cotton, —, Lynn Schachinger, Schachinger, Schachinger's, Jeffrey Stieve, Stieve, Rhinehart's, Corizon, Mark Mann's, Kenneth Rhinehart's, Mann, Centurion, Beverly Martin, Ben O'Cone, they'd, Micaela Gelman, Gelman, Ryan Gustin, Joel H, Thompson, William Kent Dean, Eric Hasert, Kelvin Norwood, Norwood, Parthasarathi Ghosh, Ghosh, Saleh Obaisi, he'd, Obaisi, Vipin Shah, Shah, Wexford, Tracie Egan, she'd, Egan, Ronald Martinez, Martinez, Brittany Roembach, Jim Reinhart, " Reinhart, Reinhart, understaffing, Mexico Egan, Egan's, Monica Stone, Octavio Jones, Shaniek Mills Maynard, Robin L, Rosenberg Organizations: Martin Correctional, Records, Cox, Wexford Health, Nick Oxford, Business, Prisons, Congress, Wexford, Southern, Southern District of, Hamilton Correctional Institution, Centurion Health, Corrections, Florida Department of Corrections, Martin Correctional Institution, Camille Griffin Graham Correctional Institution, North Carolina Department of Public Safety, Court, District, South Carolina Department of Corrections, South, Jackson Correctional, Circuit, Wisconsin Department of Corrections, Michigan Department of Corrections, Robert Cotton Correctional, Health Services, YesCare, Eastern, Eastern District of, Centurion, Federal Correctional Institution, Oregon Department of Corrections, New York University, Harvard, USA, Stateville Correctional, Illinois, Southern New, Southern New Mexico Correctional, New Mexico Corrections Department, Illinois Department of Corrections, Paramedics Locations: Indiantown , Florida, Wexford, United States, California, Southern District, Southern District of Florida, amputations, Florida, South Carolina, North Carolina, District of South Carolina, Wisconsin, Michigan, Eastern District, Eastern District of Michigan, Federal Correctional Institution Elkton, Ohio, Coffee, Oregon, Centurion, Arizona, Corizon, Illinois, Martin, Southern, Southern New Mexico, Las Cruces , New Mexico, New Mexico, Mexico, Lakeland

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