The grievance procedure must be fully and properly completed by and inmate (rules do not apply to non-inmates) prior to filing a lawsuit. This is referred to as exhaustion of remedies. Failure to exhaust remedies will with very few exceptions bar a subsequent lawsuit in state or federal court. How to Navigate the New Mexico
The Prison Litigation Reform Act (PLRA) requires that inmates in prisons and jails exhaust all administrative remedies prior to filing a civil rights lawsuit against the jail or prison in federal court. Basically, this means that the inmate must complete the grievance procedure entirely through the appeals stage before filing suit. With this in mind,
Miscarriage is an emergency situation. Women suffering miscarriage go to the nearest emergency room where they rightfully expect proper often life-saving medical care. This is pure fantasy when it comes to Catholic hospital emergency rooms where these women are refused medical care for miscarriages. This puts women’s lives at risks in the most degrading and cruel
Did You Know? Your Catholic hospital will not complete a miscarriages no matter what the cause and no matter what the risks to the mother? The emergency rooms at these same hospitals turn women away in the midst of a miscarriage even when a failure to properly treat the mother could lead to the mother's death?
The Eighth Amendment prohibits cruel and unusual punishment including deliberate indifference to the serious medical needs of an inmate. Unfortunately, in the age of mass incarceration, this is far too common. Deliberate Indifference of Prisoner’s Serious Medical Needs The deliberate indifference may be on the part of the prison, the guards and/or the medical providers.
There is tremendous overlap in law and legal theory between employer discrimination and harassment, and civil rights violations by law enforcement and corrections personnel. Both draw upon the law of agency, vicarious liability and respondeat superior. Intentional Misconduct by Employees Respondeat Superior The role of agency is critically important in cases where an employee has
Among the first challenges of any civil rights claim, like all other personal injury claims, is to identify the parties financially responsible for the harm caused by the civil rights violations. Under §1983 and Title VII civil rights claims, there may be numerous different parties involved in wrongdoing with varying levels of financial responsibility/liability. Vicarious
The fictional medical malpractice lawsuit crisis is among the great lies, of which there are many, of the Republican Party. It is pure myth serving only to profit their donors in the insurance industry. And despite the fact that these same insurance companies are making historic profits while medical malpractice claims have been in steep decline,
Negligent entrustment of a vehicle basically means that car owner allows an unsafe driver to use the car. When that driver causes an auto accident, the car owner is responsible for the harm caused. This applies to all owners and innocent victims including employers and employees. Basic Requirements for Negligent Entrustment Claim The requirements are
Corporate recalls and other corrective measures taken by corporations typically occur under great duress. One need not look far to see this is so. Banking fraud recently in the news is a perfect example. Banking fraud is appalling but no lives were lost. Other corporate decisions related to consumer safety have much graver consequences. It happens