News Articles
This site contains over 2,000 news articles, legal briefs and publications related to for-profit companies that provide correctional services. Most of the content under the "Articles" tab below is from our Prison Legal News site. PLN, a monthly print publication, has been reporting on criminal justice-related issues, including prison privatization, since 1990. If you are seeking pleadings or court rulings in lawsuits and other legal proceedings involving private prison companies, search under the "Legal Briefs" tab. For reports, audits and other publications related to the private prison industry, search using the "Publications" tab.
For any type of search, click on the magnifying glass icon to enter one or more keywords, and you can refine your search criteria using "More search options." Note that searches for "CCA" and "Corrections Corporation of America" will return different results.
No CMS Liability for Denying Treatment for Dislocated Shoulder
At 511: "For purposes of this case, it is undisputed that a shoulder dislocation causes great pain and is a serious medical need."
The defendants were not deliberately indifferent. Although the plaintiff said his shoulder had popped out of joint and had to be reset, he refused to let staff examine him (allegedly because of the pain), he didn't appear to be in extreme pain, so they didn't think his shoulder was actually dislocated. The next night he fell asleep and woke up without any shoulder pain.
On these facts, the court can't conclude that the defendants were deliberately indifferent or that they knew that the plaintiff had a serious medical need. (The dissenting judge has a rather different view of the facts: the plaintiff had obvious symptoms of a dislocated shoulder, and he was offered "Tylenol and a visit to a psychologist.")
The plaintiff alleged that the private medical provider had a practice of saving money by denying care and that its policy of having nurses seek approval before sending inmates to the hospital was a cost-saving measure. However, if the individual defendants didn't violate the plaintiff's rights, these policies couldn't have caused a violation, "even if they were trying to keep costs down--a common goal in this age of health maintenance organizations." (514) See: Higgins v. Correctional Medical Services of Ill., 178 F.3d 508 (7th Cir. 1999).
Related legal case
Higgins v. Correctional Medical Services of Ill.
| Year | 1999 |
|---|---|
| Cite | 178 F.3d 508 (7th Cir. 1999) |
| Level | Court of Appeals |
| Injunction Status | N/A |
