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Deliberate Indifference Law
 
STATE OF OHIO -vs- WALTER RENZ

In the summer of 2015, appellant and his girlfriend, Linda Buckner, were the
next-door neighbors of Patsy Hudson, who lived alone at 284 Spring Street in Mansfield,
Ohio. Hudson, then in her early sixties and on disability, was known to rescue and take
care of a large number of cats in or around her house. Her adult son, Lonnie Clevenger,
drove trucks for a living, but he peri... More...
   $0 (07-20-2018 - OH)

Gary Clark v. Robert Colbert

This case involves an encounter between law enforcement and a
schizophrenic individual suffering a psychotic episode. Officers from the
Wagoner County Sheriff’s Department responded to a call from Gary Clark’s
brother, who was having troubling restraining him. The Sheriff’s Department, in
turn, requested help from the neighboring Broken Arrow Police Department. The
Broken Arrow... More...
   $0 (07-19-2018 - OK)

Lecia L. Shorter v. Leroy D. Baca, et al. Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Lecia L. Shorter appeals the district court’s partial grant of summary judgment in favor of the County of Los Angeles, Leroy Baca, Jacqueline Ortiz, and Alejandra Avalos (the County or County Defendants) on her 42 U.S.C. § 1983 inadequate medical care claim, and the denial of Shorter’s motion for a new trial on her § 1983 claim based on her classification as mentally ill, her conditions of confine... More...   $0 (07-19-2018 - CA)

Robert Ryan Fleming v. State of Indiana

On February 8, 2017, Fleming was being booked into the Cass County Jail3 and
was asked to provide a medical history. His responses to certain questions
caused Shift Supervisor Steve Taylor (“Officer Taylor”) to treat Fleming as a

1 Ind. Code § 35-42-2-1(c)(1); (g)(5)(A). 2 I.C. § 35-50-2-8. 3 The record does not reveal the reason for... More...
   $0 (07-18-2018 - IN)

Calvin Fletcher, Sr. v. Joseph Tomlinson Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

St. Louis Police Department (SLPD) Officers Nicholas Martorano and John
Moton appeal from the district court’s judgment, 1 entered upon a jury verdict, finding
that they used excessive force in their apprehension and arrest of Calvin Fletcher and
awarding damages to Fletcher totaling $600,000. They raise three issues on appeal:
(1) the district court erred in allowing Fletcher to r... More...
   $0 (07-18-2018 - MO)

Post Foods, LLC v. The Superior Court of Los Angeles, Richard Sowinski, Real Party in Interest

Petitioners Post Foods, LLC, General Mills, Inc., General
Mills Sales, Inc., and Kellogg USA, Inc. petition for a writ of
mandate directing the superior court to vacate its June 26, 2017
order denying their motion for summary judgment and issue an
order granting the motion. We issued a stay pending this Court’s
resolution of the petition and an order to show cause why a writMore...
   $0 (07-17-2018 - CA)

Pervis Lee Andrews Jr. v. The State of Texas

Appellant was driving a car in the parking lot of the Lincoln Square
shopping center in Arlington, around 2:00 a.m. when several bars located in the
shopping center were closing. His wife was a passenger in his car. Dustin
McGee was driving a car in the opposite direction, and he turned in front of
appellant’s car so that his passenger, Terrance Jackson, was facing appellant’... More...
   $0 (07-16-2018 - TX)

STATE OF KANSAS v. KEITH A. GLOVER Aggravated indecent liberties with a child

E.G.W., the victim, was 14 years old when she met 20-year-old Glover through a mutual friend. The two spoke frequently through Facebook. In at least one of those conversations, E.G.W. and Glover talked about sex. Sometime between May and June 2015, Glover and E.G.W. agreed to meet a couple blocks from Glover's home. That same day, E.G.W. and Glover went inside Glover's home and engaged in sexual i... More...   $0 (07-16-2018 - KS)

UNITED STATES OF AMERICA v. JOSEPH KELVIN ABERANT

We review a defendant’s sentence “under a deferential abuse-of-discretion standard.” Gall v. United States, 552 U.S. 38, 41 (2007). Under this standard, a sentence is reviewed for both procedural and substantive reasonableness. Id. at 51. In determining procedural reasonableness, we consider whether the district court properly calculated the defendant’s advisory Guidelines range, gave the ... More...   $0 (07-15-2018 - NC)

Planned Parenthood of the Heartland and Jill Meadows v. Kimberly K. Reynolds, ex rel State of Iowa and Iowa Board of Medicine SUPREME COURT OF IOWA

In this appeal, we must decide if the constitutional right of women to choose to terminate a pregnancy is unreasonably restricted by a statute that prohibits the exercise of the right for a period of seventy-two hours after going to a doctor. In making this decision, we recognize the continuing debate in society over abortion and acknowledge the right of government to reasonably regulate the const... More...   $0 (07-15-2018 - IA)

HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The... More...
   $0 (07-15-2018 - MA)

Jerry Lynn Lofton a/k/a Gerry Lynn Lofton a/k/a Gerry Lofton a/k/a Jerry Loftin a/k/a Jerry Lofton v. State of Mississippi

Edroy James Ballard Jr. was shot and killed on June 3, 2014, in Horn Lake, Mississippi. A DeSoto County grand jury charged Lofton with Ballard’s murder. Lofton was deemed indigent, and Adam Emerson was appointed to represent him. Several months later, Emerson filed a motion to reconsider Lofton’s indigent status. Emerson informed the trial court that Lofton had refused to meet with him and wi... More...   $0 (07-15-2018 - FL)

State of Tennessee v. Damarkus Lowe

Following the April 2012 shooting death of William Watson (“the victim”), a Knox County grand jury charged the Defendant, along with Michael May, with the first degree premeditated murder of the victim and two alternative counts of especially aggravated kidnapping involving Myshauna Blair. See Tenn. Code Ann. §§ 39-13-202, 305. The Defendant proceeded to a trial by jury on June 30through July 3,... More...   $0 (07-14-2018 - TN)

State of Tennessee v. Jamarcus Jackson

The Defendant’s convictions relate to events that occurred at The Battery, a Johnson City nightclub, in the early morning hours of March 23, 2014. The second degree murder conviction relates to the shooting death of Deshaun Greer.1 The assault conviction relates to Zachary Breedlove, and the reckless endangerment conviction relates to Jonathan McInturff.
At the trial, Amanda Chappell, test... More...
   $0 (07-14-2018 - TN)

COMMONWEALTH vs. JOHN FREDETTE

In 2014, a Superior Court jury convicted the defendant, John Fredette, of murder in the first degree on a theory of felony-murder, with aggravated kidnapping as the 2 predicate felony.1 The jury based their finding of aggravated kidnapping on the third paragraph of the current version of the kidnapping statute, which punishes a kidnapping committed "while armed with a dangerous weapon... More...   $0 (07-14-2018 - MA)

STATE OF OHIO v. DAVONTE S. BRACY

On July 18, 2016, four-year old M.E. suffered second degree burns from being
exposed to hot water in a bathtub. In August 2016, in relation to the foregoing incident, Bracy,
who was M.E.’s mother’s boyfriend and who was home with M.E. at the time of the incident,
was indicted on two counts of endangering children, one in violation of R.C. 2919.22(B)(1), and
one in violation o... More...
   $0 (07-13-2018 - OH)

ANTHONY CARUTHERS vs. HONORABLE WENDY WEXLER-HORN, CIRCUIT JUDGE, 24TH CIRCUIT Missouri Court of Appeals, Eastern District

Anthony Caruthers (“Relator”) seeks a writ of prohibition to prevent the trial court
(“Respondent”) from ordering a mental examination pursuant to Chapter 552. Relator is charged
with murder in the first degree, armed criminal action, burglary in the second degree, tampering
in the first degree, tampering with physical evidence, resisting arrest, and escape. Relator’s
charges s... More...
   $0 (07-13-2018 - MO)

United States of America, ex rel. Gerald Polukoff v. St. Marks Hospital, et al. District of Utah Federal Courthouse - Salt Lake City, Utah

This is a qui tam action alleging violations of the False Claims Act (“FCA”), 31
U.S.C. §§ 3729–33, involving fraudulent reimbursements under the Medicare Act, 42
U.S.C. §§ 1395–1395ccc. Plaintiff Gerald Polukoff, M.D., is a doctor who worked with
Defendant Sherman Sorensen, M.D. After observing some of Dr. Sorensen’s medical
3
practices, Dr. Polukoff brought this FCA action, o... More...
   $0 (07-10-2018 - UT)

Richard Paul Fisher v. State Personnel Board

While serving as an administrative law judge for the State Personnel Board (SPB),
Richard Paul Fisher joined the law firm of Simas & Associates as “of counsel.” Simas
& Associates specialized in representing clients facing administrative actions, including
those heard by the SPB. Indeed, the Simas law firm represented a CalTrans employee in
a high-profile case that was being heard ... More...
   $0 (07-10-2018 - CA)

State v. Michael Patino

A little after five o’clock in the evening on Sunday, October 4, 2009, a six-year-old boy
named Marco Nieves was pronounced dead at Hasbro Children’s Hospital. According to the
autopsy performed by then-Chief Medical Examiner of the State of Rhode Island, Thomas
Gilson, M.D., the cause of death was peritonitis, which is a medical term that describes
- 2 -
inflammation aro... More...
   $0 (07-09-2018 - RI)

Jerry Page a/k/a Jerry Abram a/k/a Jerry Abrams v. State of Mississippi

On Labor Day morning, September 1, 2014, a thoroughly burned, still smoldering
pickup truck was found on East Reservoir Road in rural Marion County. A burned human
body was in the bed of the truck. The truck was identified as a white Ford Ranger owned by
Billy Paul Cooper. The body was identified as Billy Paul Cooper’s son, Ryan Cooper.
¶4. Investigator Jamie Singley of the Mari... More...
   $0 (07-09-2018 - MS)

ROGER LEE JACKSON a/k/a ROGER JACKSON a/k/a ROGER L. JACKSON v. STATE OF MISSISSIPPI

In the early morning hours on November 11, 2014, two men were shot near Roach
Street in Jackson, Mississippi. One of the victims, Quincy McGowan, died. His body was
discovered in a nearby vacant lot by a passerby shortly after noon on November 11. Police
found ten 9 mm shell casings near the body, and a 9 mm projectile was recovered from
McGowan’s body during autopsy.
¶3. T... More...
   $0 (07-09-2018 - MS)

State of Tennessee v. Damarkus Lowe

Following the April 2012 shooting death of William Watson (“the victim”), a Knox County grand jury charged the Defendant, along with Michael May, with the first degree premeditated murder of the victim and two alternative counts of especially aggravated kidnapping involving Myshauna Blair. See Tenn. Code Ann. §§ 39-13-202, 305. The Defendant proceeded to a trial by jury on June 30through July 3,... More...   $0 (07-09-2018 - TN)

COMMONWEALTH vs. CURTIS COMBS Massachusetts Supreme Judicial Court

In September, 2011, a Hampden County grand jury returned four indictments charging the defendant, Curtis Combs, with murder in the first degree, G. L. c. 265, § 1; kidnapping, G. L. c. 265, § 26; armed robbery, G. L. c. 265, § 17; and
2

assault by means of a dangerous weapon, G. L. c. 265, § 15A (b).1 The Commonwealth alleged that the defendant either was the principal or acted a... More...
   $0 (07-09-2018 - MA)

Brian L. Paquette v. State of Indiana

On the evening of February 2, 2016, Indiana Police State Trooper James Manning (“Trooper Manning”) was parked on the northbound shoulder of I-69, near Petersburg, Indiana. A motorist pulled over and informed Trooper Manning that he observed a blue Chevy Tahoe driving northbound on the southbound lanes of the interstate. Trooper Manning activated his patrol vehicle’s emergency signals—the lights ... More...   $0 (07-08-2018 - IN)

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