7 results for 'cat:"Civil Rights" AND cat:"Constitution" AND cat:"Health Care"'.
J. Eagles partially grants a medical doctor’s motion for summary judgment in her suit against the state for its strict regulatory laws regarding Mifeprex, an abortion-inducing drug. While the FDA eased restrictions on the drug in 2007, North Carolina kept the same restrictions and added more to its own legislation, which now conflict with federal law. However, federal law in this case trumps state law. Thus, the state provisions requiring physician-only prescribing; in-person prescribing, dispensing and administering; scheduling of an in-person follow-up appointment; and non-fatal adverse event reporting are unconstitutional.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: April 30, 2024, Case #: 1:23cv77, NOS: Constitutionality of State Statutes - Other Suits, Categories: civil Rights, constitution, health Care
J. Dick orders judgment in favor of class-action litigants and against the state department of corrections, ending a yearslong litigation of medical treatment claims at Louisiana’s maximum-security prison in Angola. “The attitudes of those in medical leadership” at the corrections department and the sprawling 18,000-acre prison farm “easily demonstrate that injunctive relief is required in this case.”
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: November 6, 2023, Case #: 3:15cv318, NOS: Prison Condition - Habeas Corpus, Categories: civil Rights, constitution, health Care
J. Torres declares a 1990 law banning abortion in Guam invalid because it has been implicitly repealed by the Guam Legislature since its passing; it no longer has any force or effect. More recent statutes conflict with such a ban and have since allowed and regulated abortion procedures in the territory.
Court: Guam Supreme Court, Judge: Torres, Filed On: October 31, 2023, Case #: CRQ23-1, Categories: civil Rights, constitution, health Care
J. Doughty denies requests by a Louisiana sheriff and the warden of a privately operated parish prison to dismiss claims of a pattern and practice of “tacit authorization” of both excessive force on manacled prisoners and denial of medical care for their injuries, resulting in constitutional violations. The brutality claims stem from a suit by an inmate who alleges specific facts about how deputies repeatedly struck his broken jaw while he was in restraints, on separate occasions. His denial-of- medical care claims relates to injuries from three separate stabbings by fellow inmates, including two attacks in one day. The authorities argued that prisoner’s claims should be dismissed because he had not exhausted his administrative remedies. However, the inmate has sufficiently alleged that the grievance procedures at the jail were unavailable to him because authorities refused to provide him with the necessary forms.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: September 5, 2023, Case #: 1:22cv3198, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, health Care
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J. Russell denies the county's motion for summary judgment on the parents' claim that their daughter was denied adequate medical care during her detention in violation of the 14th Amendment. The record indicates that she died during detention as a result of a "perforated duodenal ulcer that was leaking fluid into her abdomen." A medical assistant testified that she needed to go to the hospital, and there is evidence that "jail staff disregarded the risk" to her health, after her condition changed.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: August 23, 2023, Case #: 5:20cv1252, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, constitution, health Care
J. Heil grants the individual plaintiffs' motion to proceed under pseudonyms in this suit challenging the constitutionality of certain state actions "related to transgender medical care for adolescents," including Senate Bill 613. There are "exceptional circumstances" that weigh in favor of allowing the minor plaintiffs and their parents "to proceed pseudonymously," and there is little risk of prejudice.
Court: USDC Northern District of Oklahoma , Judge: Heil, Filed On: July 17, 2023, Case #: 4:23cv177, NOS: Constitutionality of State Statutes - Other Suits, Categories: civil Rights, constitution, health Care