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U.S. Supreme Court Allows Immunity for Public Health Service Officials Involved in Detainee's Medical Neglect and Death
5/03/2010

The U.S. Supreme Court ruled on May 3 that U.S. Public Health Service (PHS) officials are immune from suit for violating the Constitution and causing Francisco Castaneda's death. 
 
Castaneda was the 35-year-old native of El Salvador whose penis was amputated after state and federal immigration officials in California repeatedly ignored or downplayed his medical needs, refusing to follow their own doctors' recommendations for a biopsy. 
 
Eventually, Castaneda got the biopsy on his own, following his abrupt release in February 2007.  The amputation was intended to save his life, but the cancer had metastasized.  Castaneda died in February 2008.
 
The U.S. government, one of the defendants in the lawsuit filed by Public Justice in 2007, has admitted medical negligence in Castaneda’s case.  Public Justice maintained, however, that the PHS officials responsible for Castaneda’s treatment could be held personally accountable for violating his Eighth Amendment rights.  Monday’s Supreme Court ruling eliminates that prospect.
 
We are, of course, disappointed, but this case is far from over.  The Supreme Court held that the Castaneda family cannot pursue claims under the U.S. Constitution, but the U.S. government has already conceded liability under the Federal Tort Claims Act and we are actively pursuing claims against the state of California and the state officials involved for denying Castaneda treatment while he was in state custody.
 
Click here to read the Supreme Court ruling in Hui v. Castaneda.
 
Click here to read the Associated Press article about the ruling.

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Faces of Public Justice

Barber family

Rich Barber

In 2000, Gus Barber was 9-years old when he was killed by a misfired Remington rifle. Since Gus’s tragic death, his father Rich has been gathering evidence about the faulty trigger design on Remington’s 700-series rifles; the defect has been a public safety hazard for more than half a century. Public Justice is now seeking to unseal court records that could prove Remington’s dangerous negligence.

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Castaneda v. United States

Gross, deliberate indifference by federal authorities led to penile cancer and amputation for a Salvadoran immigrant detainee, now represented by Public Justice.

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