This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.nytimes.com/2019/04/06/us/texas-inmate-wool-allergy.html

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
Texas Prison Won’t Give Inmate With Allergies a Cotton Blanket, Lawsuit Says Texas Inmate With Allergies Has Asked for a Cotton Blanket for 10 Years, Lawsuit Says
(about 11 hours later)
A Texas inmate who says he is allergic to the synthetic blankets provided by his prison says he has asked for 10 years to be given a cotton blanket instead.A Texas inmate who says he is allergic to the synthetic blankets provided by his prison says he has asked for 10 years to be given a cotton blanket instead.
The inmate, Calvin E. Weaver, 73, filed a lawsuit against the prison system in May, claiming that its employees violated his civil rights by ignoring his frequent complaints about relentless itchiness and resulting health problems caused by the blanket.The inmate, Calvin E. Weaver, 73, filed a lawsuit against the prison system in May, claiming that its employees violated his civil rights by ignoring his frequent complaints about relentless itchiness and resulting health problems caused by the blanket.
A federal judge ruled last week that some of Mr. Weaver’s claims could proceed, despite the state’s requests to dismiss them.A federal judge ruled last week that some of Mr. Weaver’s claims could proceed, despite the state’s requests to dismiss them.
The itchiness has led to open sores on his body, sleep deprivation, hypertension and anxiety, Mr. Weaver said in the complaint. He asked the prison not only for a cotton blanket but for punitive damages to make up for what he described as physical and psychological pain.The itchiness has led to open sores on his body, sleep deprivation, hypertension and anxiety, Mr. Weaver said in the complaint. He asked the prison not only for a cotton blanket but for punitive damages to make up for what he described as physical and psychological pain.
Mr. Weaver was told around 2001 that he was allergic to the wool blanket then used by the prison system, according to the complaint, and he was issued a medical pass to receive a cotton blanket. But eight years later, Mr. Weaver wrote, the prison system replaced its blankets with a fiber blend. He said the new blankets also prompted an allergic reaction but his medical pass was not renewed.Mr. Weaver was told around 2001 that he was allergic to the wool blanket then used by the prison system, according to the complaint, and he was issued a medical pass to receive a cotton blanket. But eight years later, Mr. Weaver wrote, the prison system replaced its blankets with a fiber blend. He said the new blankets also prompted an allergic reaction but his medical pass was not renewed.
The prison system’s current blankets are made of 40 percent virgin synthetic polyester staple and 60 percent recycled synthetic natural fiber, a spokesman for the Texas Department of Criminal Justice said in a statement. He said there was no wool in the blankets.The prison system’s current blankets are made of 40 percent virgin synthetic polyester staple and 60 percent recycled synthetic natural fiber, a spokesman for the Texas Department of Criminal Justice said in a statement. He said there was no wool in the blankets.
“An offender who asks for an alternative due to a potential medical issue is tested for any potential allergies and if warranted offered a medical pass for an alternative blanket,” the statement said.“An offender who asks for an alternative due to a potential medical issue is tested for any potential allergies and if warranted offered a medical pass for an alternative blanket,” the statement said.
When asked whether Mr. Weaver was tested for allergies after the new blankets were introduced, the spokesman said he could not comment on a particular case because of laws governing medical privacy.When asked whether Mr. Weaver was tested for allergies after the new blankets were introduced, the spokesman said he could not comment on a particular case because of laws governing medical privacy.
Judge Kenneth M. Hoyt of United States District Court for the Southern District of Texas has denied Mr. Weaver’s request for a lawyer in the case, according to court documents. Most of the publicly available documents Mr. Weaver has filed in connection with the suit are handwritten.Judge Kenneth M. Hoyt of United States District Court for the Southern District of Texas has denied Mr. Weaver’s request for a lawyer in the case, according to court documents. Most of the publicly available documents Mr. Weaver has filed in connection with the suit are handwritten.
“It took me 10 years to finally file this lawsuit in hopes that this issue would finally be resolved,” Mr. Weaver wrote in a letter to the state’s attorney general in September.“It took me 10 years to finally file this lawsuit in hopes that this issue would finally be resolved,” Mr. Weaver wrote in a letter to the state’s attorney general in September.
The Houston Chronicle initially reported on Mr. Weaver’s case.The Houston Chronicle initially reported on Mr. Weaver’s case.
Mr. Weaver, who is in a prison northwest of Houston, was sentenced in 1998 to life in prison for aggravated sexual assault of a child, according to a state database.Mr. Weaver, who is in a prison northwest of Houston, was sentenced in 1998 to life in prison for aggravated sexual assault of a child, according to a state database.
Judge Hoyt dismissed Mr. Weaver’s claims against some of the prison system employees in a March 29 court order, but he allowed others against the executive director of the Department of Criminal Justice, a staffer at a prison medical practice and a prison unit supervisor to proceed.Judge Hoyt dismissed Mr. Weaver’s claims against some of the prison system employees in a March 29 court order, but he allowed others against the executive director of the Department of Criminal Justice, a staffer at a prison medical practice and a prison unit supervisor to proceed.
Lawyers for the defendants did not immediately respond to emails requesting comment on Friday night. They had argued that the judge should dismiss Mr. Weaver’s lawsuit because the defendants had not shown “deliberate indifference” to the inmate’s medical needs, according to court documents.Lawyers for the defendants did not immediately respond to emails requesting comment on Friday night. They had argued that the judge should dismiss Mr. Weaver’s lawsuit because the defendants had not shown “deliberate indifference” to the inmate’s medical needs, according to court documents.
Judge Hoyt wrote that Mr. Weaver’s allegations that the three defendants had personal knowledge of his medical needs and had ignored repeated requests for treatment were sufficient to allow his civil rights case to proceed.Judge Hoyt wrote that Mr. Weaver’s allegations that the three defendants had personal knowledge of his medical needs and had ignored repeated requests for treatment were sufficient to allow his civil rights case to proceed.