Let's take a little walk through a court decision that I read this week. It may give #inhousetwitter hives.
The defendant, Correctional Healthcare, now goes by the Orwellian name "Wellpath." It is one of the largest for-profit providers of medical care to prisoners & jails.
A quick run down of the facts. When Mr. Moreno was 18, his family brought him to a county service for his mental health crisis. Police were called to help transport him. Rather than help him, they say there was an outstanding warrant for a misdemeanor, so they took him to jail.
The jail put him in a cell with no bedm sink, toilet, or drinking water, and left him there. He didn't do well.
A nurse went to check on him.
Sadly, not surprisingly, Mr. Moreno died. He had lost 38 pounds of 8 days.
His parents sued. Good for them.
In 2018, their lawyer wrote the medical provider, telling them they were about to be sued and told them to preserve all records.
And here's the heartattack material:
For non-lawyers, this is something called spoliation. It's when you get rid of evidence you are supposed to hold on to. It's a bad thing. But there are rules that sometimes accidents happen.
Here, it was the same lawyer overseeing discovery responses and the email purger -- the director of the "litigation group."
OK, but why? Well, under oath, Wellpath's CIO had this exchange:
This did not make the judge happy. Not at all.
The judge was further not pleased by the argument that, well, this email purge affected all their cases.
And so, Mr. Moreno's parents win the lawsuit. Proceed to trial only on issue of how much.
And if you are a lawyer who has a case against Wellpath, Correctional Healthcare, or Correct Care Solutions, check your dates.
/fin
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I have breast cancer. Prognosis is good long term. But I've got two separate tumors & multiple spots that are "concerning" so next week I'm having a bilateral mastectomy.
A few things I've learned so far--
Medical science is complicated.
The American medical system, even with good insurance, is a nightmare to navigate and I don't understand why anyone thinks it's a good system.
My clients are amazing.
The vast majority of other lawyers, co-counsel and opp counsel, are wonderful. As a small law lawyer, I have had to be very honest about my timeline needs.
Here's my thread on religious diets and jail and the Q-shaman guy.
1. Understand that judges in criminal courts have no ability to order a jail to really do anything. The jail isn't before the court and the judge has no jurisdiction. Now, practically, DOCs aren't interested
in antagonizing their local judges, so if the court brings something to their attention, the DOC might try to fix it. But the criminal case judge can't ORDER them to do anything.
2. But that doesn't mean that people who are in jail have no recourse. They are protected by both the US Constitution and some specific laws, like the Americans with Disabilities Act and the Religious Freedom Restoration Act.
You might know that all parole decisions (grants and revocations) for DC prisoners are made by the US Parole Commission, a part of the federal DOJ. The USPC isn't accountable to the people of DC. Commissioner are appointed by POTUS.
And even though it's called the US Parole Commission, the bulk of its work is for DC prisoners.
BUT - it's time to take back parole authority. The USPC is set to sunset in 2 years. Congresswoman Norton has introduced a bill in Congress to move this work back to DC.
Tonight, I will tweet my reading of Brown v. Flowers, a case decided by the Tenth Circuit last week, 9/14/20. This is a case about the rape of woman in a jail. It's also about qualified immunity. And I think it has a lesson I've been thinking about in light of RBG's death.
Ms. Brittney Brown was held pre-trial in the Pontotoc County jail, in Oklahoma.
Roger Flowers was a guard there.
One day, Flowers used the jail intercom system to tell Ms. Brown "to hurry" to the control tower to see him.
Hey, have I told you all about the time I was a witness in a criminal trial and the prosecutor, an AUSA in DC, told me that they weren't going to disclose exculpatory testimony?
So, the backstory is long, but bottom line, my wife (them gf), her dad, and I saw a fight between a man & woman on the street.
I saw him come up and tackle her with no provocation. My wife saw her pick up a brick and threaten him before the tackle.
She had already called 911 so cops arrive pretty quick. He's arrested.
We're all called as witnesses.
At the first hearing, my wife tells the AUSA that she saw the woman pick up the brick. Prosecutor says, oh, we don't need to tell the defense. I tell her I think they do.
I'm going to tweet my way through Henry v. Hulett, a Seventh Cir. en banc opinion issued today about 4th Amendment rights of prisoners. In plain language, it's about a mass strip search of women that the prison did as part of a training exercise.
Now, this happened in 2001. There was no emergency. Just training of some new guards. So, you know, something planned. Oh dear, and they called themselves "Orange Crush."
Always a good sign to know that the state is spending tax money to train state employees to call women "bitches."