Court of Appeals: Negligence Claims Can’t Be Constitutionalized
Do allegations of negligence rise to the level of cruel and unusual punishment under the Eighth Amendment? The Michigan Court of Appeals says no.
Chapman Law Group is proud to be one of the nation’s most sought-after defense law firms for correctional facility healthcare litigation.
Our national correctional healthcare provider clients include Corizon, Wellpath, and Advanced Correctional Healthcare. And, as of January 2022, Chapman Law Group is defense counsel Centurion Managed Care’s Correctional Healthcare Division for the state of Florida.
In Michigan, we are the voice of the defense industry with respect to representing the interests of private correctional providers. Our mix of clients includes county jails, state prison facilities and independent providers.
We currently handle virtually all the health care litigation involving privately contracted health care within the Michigan Department of Corrections. Additionally, we represent the providers of over 50% of the private corrections healthcare market in Michigan.
Throughout the past 35 years, we have defended more than 3,000 claims to the overwhelming satisfaction of our clients and their insurance carriers. The clear majority of claims clear majority of claims we handle end in dismissal prior to or at the close of discovery, though our attorneys are equally skilled in defending a case at trial.
Correctional law is a very complicated area of litigation, requiring significant skill and experience. Handling these claims requires exceptional knowledge of 42 U.S.C. 1983 and all its pitfalls and unique characteristics; many plaintiff’s firms don’t understand enough about how various statutes work with one another, thus leading to case dismissal.
Whether the claim is brought by counsel or a pro se inmate, successful defense depends on counsel understanding all areas of the PLRA, 42 U.S.C. 1983, 42 U.S.C. 1997e, and the interplay between each. Failure to vigorously defend these claims may subject you to punitive damages.
Among the types of correctional law claims that we handle:
These are just a few examples of state and federal cases for which we’ve succeeded on behalf of correctional healthcare providers:
Defending correctional care claims requires not only deep knowledge and understanding of the duties of law enforcement and the legal system, but a sense of fairness and confidentiality.
Our attorneys consider it a privilege to represent healthcare providers nationwide working in the correctional setting as well as local governments and their employees — from Michigan and Ohio to Florida and Pennsylvania, and everywhere else in the U.S.
We have four national offices: Detroit, Michigan; Miami and Sarasota, Florida; and Los Angeles/Southern California. Contact us today and let us show what 35 years of correctional facility defense litigation can do for you.
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Do allegations of negligence rise to the level of cruel and unusual punishment under the Eighth Amendment? The Michigan Court of Appeals says no.
Our attorneys contended that the prison diet was not part of the correctional health care company’s role per the contract and Department of Corrections policy.
Decedent, who had a history of mental health and substance abuse issues, died from an overdose when placed in general population.
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