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Correctional Law

Supervisory Status Alone is Not Enough to State a Claim Under 42 USC §1983

By Kimberley A. Koester, Esq. When prisoners file lawsuits, in addition to prison and medical staff, they often sue the […]

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Prisoner Plaintiffs are not Entitled to Physical Exams or Have Expert Witnesses Paid for by the Court or Defendants

Inmates often request that the court order an independent examination under Fed, Rule Civ. Pro.  35.  That rule provides in […]

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Is Emotional Distress Alone Insufficient Under 42 U.S.C. § 1983?

By Carly Van Thomme, Esq. Yes, emotional distress alone is insufficient under 42 U.S.C. § 1983 and 42 U.S.C. § […]

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Do Indigent Persons Have To Pay For Medical Records in Michigan?

The public is generally aware that under HIPAA and other medical privacy laws, they are both entitled to privacy concerning […]

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Wrongful Death Damages Limited in Many Inmate Cases

by Carly Van Thomme EXECUTIVE SUMMARY: Under 42 U.S.C. § 1983 in the Sixth Circuit, the recoverable compensatory damages in […]

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“Serious Medical Need” in the Corrections Environment

by Carly Van Thomme EXECUTIVE SUMMARY: Under 42 U.S.C. § 1983 in the Sixth Circuit, there are several different scenarios […]

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Violations of Internal Policies Do Not Equate To Constitutional Violations

by Kimberley A. Koester Too often plaintiffs assume when an internal policy of a police department, jail medical section, or […]

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The Administrative Remedies Provision of 42 USC §1997e Does Not Apply If the Inmate Is Not Incarcerated at the Time of the Filing of the Complaint

One of the first defenses raised in inmate litigation is the failure to properly pursue administrative remedies.  Federal statute 42 […]

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Prisoners Have No Constitutional Rights to Outside Medical Care

When the Eighth Amendment to the United States Constitution was drafted, the American draftsmen borrowed from the English the phrasing […]

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Cost Containment in Inmate Health Care Is Not Deliberate Indifference

by Ronald W. Chapman, MPA, Esq. Simpkins v. Corr. Corp. of Am., 2007 U.S. Dist. LEXIS 75440, 24-25 (M.D. Tenn. […]

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The Difference Between a Medical Malpractice Claim and a Deliberate Indifference(42 § USC 1983 Civil Rights) Claim

Healthcare professionals in the private correctional healthcare business are often faced with law suits involving multiple claims. In most cases […]

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Depositions: Uses and The Need For Preparation

Depositions are used by both sides in the litigation process to gather information about a pending case. A deposition is […]

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