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Kane v. Winn.


U.S. District Court

MEDICAL CARE

Kane v. Winn, 319 F.Supp.2d 162 (D.Mass. 2004). A federal prisoner filed a petition for habeas corpus habeas corpus (hā`bēəs kôr`pəs) [Lat.,=you should have the body], writ directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time to a  relief, alleging that prison staff improperly im·prop·er  
adj.
1. Not suited to circumstances or needs; unsuitable: improper shoes for a hike; improper medical treatment.

2.
 denied him proper medical care in violation of the federal Bureau of Prisons Noun 1. Federal Bureau of Prisons - the law enforcement agency of the Justice Department that operates a nationwide system of prisons and detention facilities to incarcerate inmates sentenced to imprisonment for federal crimes
BoP
 (BOP) regulations and the constitution. The district court denied the defendants' motions for summary judgment, and granted the inmate's motion for appointment of counsel. The court held that although habeas corpus was not the proper form of action for the prisoner's claims, it would treat the habeas petition as if it were a properly filed [section] 1983 or Bivens claim. The court noted that international law creates an independent source of obligation to provide to prisoners at least those protections that the Eighth Amendment provides. (Federal Medical Center-Devens, Massachusetts Massachusetts (măsəch`sĭts), most populous of the New England states of the NE United States. )
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Title Annotation:prisoner files petition for habeas corpus relief
Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1U1MA
Date:Aug 1, 2004
Words:134
Previous Article:U.S. v. Rios-Flores.(prisoner moved to dismiss an indictment against him for possession )(Brief Article)
Next Article:Scott v. Federal Bureau of Prisons.(prisoner files a motion for injunctive relief)(Brief Article)
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