5. News from the Courts:

Justices Agree on Detainee Death Case: Immigrant survivors cannot sue federal health officials

The New York Times reports that The Supreme Court has ruled that a man who received negligent medical treatment while being held by immigration authorities may not sue the federal health officials who failed to treat him.

Francisco Castaneda suffered from what turned out to be penile cancer while being detained at an immigration facility for ten months. Despite repeatedly seeking medical attention for the painful lesions, Mr. Castaneda was denied access to doctors to receive a biopsy, given painkillers and antibiotics instead. Upon release from the facility, he sought medical treatment. After being diagnosed with penile cancer, and undergoing a penile amputation, the cancer had already spread, and Mr. Castaneda died around a year later.

The Federal Tort Claims Act bars lawsuits against individuals in cases like these, instead allowing suits against the government, which are less lucrative, capped at $250,000 and ineligible for punitive damages. Mr. Castaneda’s estate is eligible to receive that compensation, but none further, and cannot sue the federal health officials. Steven R. Shapiro, an attorney with the ACLU, who represented Mr. Castaneda, said “Today’s decision highlights the need for Congress to address the systemic failure of our immigration detention system.”

http://www.nytimes.com/2010/05/04/us/04scotus.html

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