감옥 에서 의료 문제 를 해결 하 는 방법 - 잠금 에서 라이브 
 많 은 사람 들 은 또 다른 기회 를 물 어 4 Legal and The Art of Winning Litigation foundations for guidance with their or a loved one ’ s medical issues in prison . What this blogpost will do is breakdown a proven successful method to properly exhaust and forward your medical claim ( 의 ) 법정 에서 . This is NOT a treatise on how to file a Prison Litigation Reform Act or Federal Tort Claim Act Claim . 참조 Roma v . 미국 , 344 을 F . 3 d 352 , 362 ( 3 D CIR . 2003 ) . 
 As you may or may not know , prisoners are 2 , 000 - times more likely NOT to receive proper and appropriate medical attention while incarcerated . The 교도소 법률 뉴스 has horror story upon horror story proving that medical negligence in prison is routine . Women prisoners suffer the worst . Medical issues in prison is an issue we intend to address in 2016 및 향후 . 
 단계 1 : Determine Viability of Claim 
 돌이킬 수 없 는 손상 의 좋 은 예 입니다 웨이크 필드 의 V . 미국 , 2014 U . S . DIST . 렉서스 171800 ( N . D . FLA . 10 월 16 , 2014 ) . This person who was disfigured in prison was a client of The Art of Winning Litigation Foundation . Using The Art of Winning Litigation , we invoked a settlement in this case . A good test to determine the viability of a claim is to ask , is the injury irreparable or can it fix itself without medical intervention ? If an injury is not irreparable an does not need medical intervention , we would opine this is NOT a viable claim . 
 단계 2 : Prove a “ Deliberate Indifference ” Occurred 
 What is legally required is an excessive risk of harm to a prisoner . 참조 Farmer v . Brennan , 511 U . S . 825 , 836 ( 1994 ) . In prison deliberate indifference is routine . In many prisons every prisoner ’ s medical gripe is looked at incredulously . This bias creates a culture . This culture has zealots . 또한 , 감옥 에서 , vindictive behavior between prison staff and prisoners is common . These factors are hard to demonstrate legally . When it is a prisoner ’ s word against a staff member . . . well you can figure that out . 
 ( b ) This may sound obvious , but to prove a prison medical claim , one must show an injury occurred . This can done by using circumstantial evidence such as : 1 ) the inability to perform a specific duty upon release 2 ) the inability to hold or get a job 3 ) secondary injuries sustained due to the primary injury . 또한 , direct evidence is great , things such as : 1 ) Sick Call request 2 ) medical records ( I know it ’ s easier said than done ) 3 ) complaints ( be sure to exhaust all Administrative Remedies ) 4 ) treatment or the lack thereof or the inadequacy of treatment . I know submitting or requesting direct evidence often comes with a price so prisoners have to discern if filing is worth all that comes with it . 
 Women keep in mind that late stage pregnancy , especially the third trimester , constitutes a serious medical need . 참조 Doe v . Gustavus , 294 F . Supp . 2 d 1003 , 1008 ( E . D . WIS . 2003 ) . 
 ( d ) 최종 적 으로 , prison officials show deliberate indifference when they prohibit you from making your medical condition known to medical staff or if staff is incompetent 
 to examine , diagnose , treat and refer the medical condition . 참조 Hoptowit 의 V . 레이 , 682 F . 2 d 1237 , 1252 - 53 ( 9 일 회 CIR . 1982 ) . 
 단계 3 : Properly Exhaust ALL Remedies 
 ( a ) This is tricky . The PLRA ( 교도소 소송 개혁 법 ) sets limits and requirements on prisoners . The PLRA tells you how to file a 42 U . S . C . Section 1983 claim . There is a BIVENS claim to bring against an official acting outside their official duty . A good example is the BIVENS case itself where policeman ran up in a house without probable cause or a search warrant . 참조 Bivens , 403 U . S . 388 ( 1971 ) . Then there is a FTCA ( Federal Tort Claim Act ) claim where the United States is the only defendant . 참조 CNA v . 미국 , 535 을 F . 3 d 132 ( 3 D CIR . 2008 ) . 
 ( b ) Any prisoner seeking damages or injunctive relief based on the conditions of their confinement CAN bring suit under 42 U . S . C . Section 1983 . Under Section 1983 a prisoner can seek monetary relief , including nominal , compensatory and punitive damages . 참조 Memphis Comm . Sch . DIST . v . Stachura , 477 U . S . 299 , 308 ( 1986 ) . 
 ( C ) Prisoners having trouble exhausting a claim due to “ things beyond [ 그 들 의 ] 제어 ” should look at these cases . Jones v . Brock , 548 U . S . 199 , 216 ( 2007 ) and Dole v . Chandler , 483 을 F . 3 d 804 , 809 ( 7 일 회 CIR . 2006 ) . These cases offer instances when a prison official interferes with the exhaustion process , or if a claim is asked to be dismissed for failure to exhaust when an attempt to was made . 
 ( d ) Physical injury must be shown to prevail on any compensatory claim of damages . 참조 Davis v . D . C . , 158 을 F . 3 d 1342 , 1349 ( D . C . Cir . 1998 ) 과 Mitchell v . 뿔 , 318 을 F . 3 d 523 , 533 - 36 ( 3 D CIR . 2003 ) . Also remember a prisoner ’ s constitutional rights are De Minimis . 예 를 들 면 : A free citizen MUST be given notice BEFORE their property is seized . In prison this is not required and in certain circumstances you have a right to be given notice AFTER your property has been seized . So keep this is mind when filing BIVENS actions . 
 ( 과 ) NOTICE to all prisoners : FTCA forms for injury or loss are being given out in substitute for BP - 8 request . Know the difference . Per Mars v . Hanberry , 752 F . 2 d 254 , 255 ( 6 일 회 CIR . 1985 ) , once you bring a TORT claim for monetary compensation on this form you are “ locked in ” to the decision of the Agency . If the Agency does not want to give you a monetary settlement then you can not , 대부분 의 경우 , appeal this decision to the court . We believe this is a trick because claims of injury or loss that do not have an officer ’ s acquiescence or a group of prisoners to back it usually lose . Not in all cases but in most cases . 
 prisoners claims under the PLRA . Recently prisoners have been demanded to file using the FTCA form . Do not be tricked . File your BP - 8 go , thru the process , 그때 
 단계 4 : Time Limits 
 Know the limits . The duration of the statute of limitations applied by federal courts depends on the structure of the state ’ s statute of limitations in which the claim arose . 참조 Wallace v . Kato , 549 U . S . 384 , 387 ( 2007 ) . If there is a persisting medical condition , one can bring suit anytime during the existence of this condition . FTCA claims must be filed within two years from when the claim arose and 42 USC Section 1983 claims limitations are guided by the state . ( See Above ) . 
 단계 5 : How To File 
 4 . 월 1 일 에 2015 , I was moved to a different cell . ( See Exh . 3 ) 
 5 . 월 에 2015 , I was diagnosed with latent TB ( See Exh . 4 ) 
 6 . 월 에 2015 , I began taking medication for latent TB ( See Exh . 4 ) 
 8 . 11 월 2015 , I became ill with severe pain in my lower back & stomach . 
 9 . Per , BOP Policy 12345 . 678 & C . F . R 1999 , No inmate can be housed with any other inmate diagnosed with TB . See Prisoner v . 미국 123 을 F . 3 d 456 ( 13 일 회 CIR . 2014 ) . 
 단계 6 : Filing in Court 
 교도소 Stateville 교정 센터 inmate search 죄수 위치 피 변화 입원 갱 범죄 mass - incarceration 시 연방 교도소 미디어 UP 올리 기 잠금 특별 관리 단위 포 로 뉴저지 Tewhan 버틀러 USP Lewisburg 독방 ​​ 감금 SMU 갱스터 live from 잠금 에서 라이브 수감자 조회 일리노이 UP 올리 기 거리 갱 시카고 감옥