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Deliberate Indifference Law
 
Brandon Blackmon v. Marla Sutton, et al.

Weeks before eleven-year-old, 4’11,” 96-pound Brandon Blackmon arrived at the juvenile detention center in Sedgwick, Kansas, officials there made a new purchase: the Pro-Straint Restraining Chair, Violent Prisoner Chair Model RC-1200LX. The chair bore wrist, waist, chest, and ankle restraints all. In the months that followed, the staff made liberal use of their new acquisition on the center’... More...   $0 (11-08-2013 - KS)

Juana Villegas v. Metropolitan Government of Davidson County/Nashville -- Davidson County Sheriff's Office, et al.

Juana Villegas sued the Metropolitan Government of Davidson County/Nashville -- Davidson County Sheriff's Office, Janet Napolitano and United Methodist Communications on civil rights violation theories under 42 U.S.C. 1983 claiming that the governmental defendants show deliberate indifference to her constitutional rights under the 8th Amendment when they chained her to during the labor and deliver... More...   $490000 (10-18-2013 - TN)

Debra Wright v. Independent School District No. 27 of Canadian County, Oklahoma a/k/a Yukon Public School District

1. Debra Wright is a resident of Canadian County, Oklahoma and the mother of K.A., a minor. K.A. was a student at Yukon Public Schools during the 20 10-2011 school year. K.A. is seventeen years of age and is currently attending her senior year of high school at Perry High School in Perry, Oklahoma.

2. Dana Soupene is a resident of Canadian County, Oklahoma and the mother of S.E., a minor.... More...
   $0 (10-10-2013 - OK)

Kimbley Harold v. Matthew M. Carrick; Carolyn M. Berg, Doan Nguyen, David Chafey

In this appeal, we consider whether section 101.106(f) of the Texas Tort Claims Act1 violates the “open courts” provision of the Texas Constitution.2 We

_________________________

1 That section provides:

2

also consider whether the Texas Supreme Court’s opinion in Franka v. Velasquez, 332 S.W.3d 367 (Tex. 2011) violates the “takings”3 and “due process”4 pr... More...
   $0 (09-13-2013 - TX)

Delbert Ingram v. Hashib D. Faruque, M.D.

Plaintiff-Appellant Delbert Ingram appeals from a district court’s dismissal of his claims against Defendants-Appellees (“Defendants”). Mr. Ingram sued Defendants- Appellees—Dr. Hashib D. Faruque, Dr. Yan Feng, Donna Delise, Kyle Inhofe, Lt. Michael Stevenson, and Captain Tim Collins1— claiming that Defendants had violated his rights under the Fourth and Fifth Amendments of the U.S. Cons... More...   $0 (09-06-2013 - OK)

Kala Lee Whitecrow v. State of Oklahoma

Kala Lee Whitecrow and antoine D. Jones, individually and as next-of-kin of Naomi Lynn Whitecrow sued the State of Oklahoma, ex rel. Oklahoma Department of Human Services, Amy Holder and Mike Holder on wrongful death theories claiming:

1. Naomi Lynn Whitecrow (“Naomi”) was, at the time of the actions complained of herein, a two (2) year old minor resident of the State of Oklahoma, in ... More...
   $25000 (08-10-2013 - OK)

Mary Goodman v. Clayton County Sheriff Kemuel Kimbrough

Bruce Goodman (Goodman), a 67-year-old man suffering from dementia and prone to disorientation and confusion, was severely beaten by his cellmate while detained at the Clayton County Jail (the Jail) in the early morning hours of September 9–10, 2008. By and through his wife and next friend, Goodman filed suit under 42 U.S.C. § 1983 against the two officers charged with his supervision at the Ja... More...   $0 (06-21-2013 - GA)

Steven Spavone v. New York State Department of Correctional Services

11 This case concerns how the New York State Department of Correctional
12 Services1 ("DOCS") determines when an inmate receives temporary medical
13 leave from prison for the treatment of mental illness. Plaintiff-Appellee Steven
14 Spavone (“Spavone”) requested a leave of absence from prison in order to obtain
15 additional treatment for his post-traumatic stress disorder (â€... More...
   $0 (06-20-2013 - NY)

Brittany Morrow v. Barry Balaski

As is so often the case, the issues in this appeal arise from unsettling facts presented by sympathetic plaintiffs.1 We are asked to decide whether public schools have a constitutional duty to protect students from abuse inflicted by fellow students under the circumstances alleged here.

Appellants, Brittany and Emily Morrow, and their parents, Bradley and Diedre Morrow, brought this actio... More...
   $0 (06-07-2013 - PA)

Kathleen A. Winn v. Pioneer Medical Group, Inc.

After the death of their 83-year-old mother, plaintiffs sued defendant physicians for elder abuse, based on defendants‟ repeated decisions not to refer their mother to a vascular specialist over a two-year period during which her diminishing vascular flow worsened without treatment. Plaintiffs‟ mother began receiving medical care from defendants in 2000, and by 2004, defendants knew she suffer... More...   $0 (05-24-2013 - CA)

Ellis Walker v. Deborah G. Schult

Plaintiff-appellant Ellis Walker brought this action below pro se, alleging that the conditions of his confinement in the Federal Correctional Institution in Ray Brook, New York ("FCI Ray Brook") amounted to cruel and unusual punishment in violation of the Eighth Amendment. The United States District Court for the Northern

-3-

of New York (Kahn, J.) granted defendants-appellees' moti... More...
   $0 (05-23-2013 - NY)

Willana Geneva Turner v. The City of Tulsa

In this employment discrimination case, Dr. Willana Geneva Turner appeals from a district court order that entered judgment on the pleadings in favor of the City of Tulsa, Oklahoma. We have jurisdiction under 28 U.S.C. § 1291, and affirm for substantially the same reasons identified by the district court.

________________

* After examining the briefs and appellate record, this panel... More...
   $0 (05-21-2013 - OK)

Michael Wilson, Sr. v. Lawrence Montano

Appellants seek reversal of the district court’s order denying their motion to dismiss claims asserted against them by Michael Wilson, Sr. under 42 U.S.C. § 1983. Wilson alleges he was unlawfully detained and deprived of his constitutional right to a prompt probable cause determination. Appellants claim they are entitled to qualified immunity. The district court concluded Wilson’s complaint a... More...   $0 (05-03-2013 - NM)

John Thomas Argo v. Kyle D. Caldwell

1. That at all times herein mentioned, Plaintiff was and now is a resident of the City of Norman, Cleveland County, State of Oklahoma

2. Plaintiff is informed and believes and thereon further alleges that at all times herein mentioned, Defendant CaIdwell was and now is a resident of the City of Norman, Cleveland County, State of Oklahoma.

3. On or about July 12, 2002, Plaintiff was d... More...
   $0 (05-01-2013 - OK)

United States of America v. James Tebeau

James Tebeau owns more than 300 acres of land in southern Missouri where he has held weekend music festivals at which drug use was widespread. After undercover officers investigated the festivals, Tebeau was charged with having maintained a property from 2004 to 2011 for the purpose of manufacturing, storing, and distributing controlled substances in violation of 21 U.S.C. § 856(a)(2). Tebeau mov... More...   $0 (04-30-2013 - MO)

Tanya A. Martin v. City of Broadview Heights

This excessive force case against officers of the Broadview Heights Police Department (BHPD) and the City of Broadview Heights arises from the fatal arrest of William Parker Martin, an unarmed and mentally unstable 19-year-old. Martin’s estate sued several BHPD officials asserting that the use of excessive force during the arrest violated Martin’s rights under the Constitution and Ohio law. Th... More...   $0 (04-09-2013 - OH)

Paul Perry v. County of Fresno

Appellants, Paul Perry, Felicia Davis Perry, and Orene Perry, challenge the dismissal of their complaint against respondent, County of Fresno (County), following the sustaining of the County‟s demurrer without leave to amend and the granting of the County‟s summary judgment motion. Appellants alleged that the County was liable for damages caused by the County‟s employee, Alejandro Vital when... More...   $0 (04-03-2013 - CA)

A.D. v. State of California Highway Patrol

A police officer, who violates another’s constitutional right, will receive qualified immunity from suit under 42 U.S.C. § 1983 if the right the officer violated was not protected by clearly established law at the time he acted. See Pearson v. Callahan, 555 U.S. 223, 232 (2009). Since 1998, clear precedent has established that a police officer violates the Fourteenth Amendment due process claus... More...   $0 (04-03-2013 - CA)

Andricka Stewart v. Waco Independent School District

Plaintiff-Appellant Andricka Stewart appeals from the district court’s dismissal of her civil-rights action against Defendant-Appellee Waco Independent School District (the “District”). She seeks review only of her claim under § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. Because Stewart states a claim under one theory of liability, we REVERSE and REMAND for proceedings consist... More...   $0 (03-14-2013 - TX)

Minnesota Majority v. Joe Mansky

Several groups interested in electoral and governmental reform sued the Secretary of State, and Ramsey and Hennepin county election officials (“Minnesota”). Minnesota moved for dismissal, which the district court granted. The groups appeal as to the claims under the First Amendment and the Equal Protection clause.1 Jurisdiction being proper under 28 U.S.C. § 1291, this court affirms in part, ... More...   $0 (03-07-2013 - MN)

Juana Villegas v. The Metropolitan Government of Nashville and Davidson County

Plaintiff Juana Villegas brought suit under 42 U.S.C. § 1983, claiming violations of her Eighth Amendment rights (made applicable to pretrial detainees through the Fourteenth Amendment) as a result of her being restrained and shackled prior to and following giving birth while in the custody of law enforcement authorities employed by Defendant Metropolitan Government of Nashville and Davidson Coun... More...   $0 (03-05-2013 - TN)

Donna Clyce v. Hunt County, Texas

Donna and Mark Clyce (the Clyces) sued Hunt County, Texas, the Hunt County Juvenile Board, and individual detention officers under 42 U.S.C. § 1983, alleging that the defendants violated their minor son C.C.’s constitutional right to medical care while he was detained at the Hunt County Juvenile Detention Center (the Detention Center). The district court granted summary judgment in favor of all... More...   $0 (03-04-2013 - TX)

Victor Santiago v. Daniel Blair

Captain Garry Branch, Lieutenant Daniel Blair, and Correctional Officers Timothy Williford, Andrew Fox, Shannon Clubbs, and David E. Parsons (collectively Correctional Officers) appeal the district court’s denial of their motion for summary judgment based upon qualified immunity. We affirm in part, reverse in part, and remand for further proceedings.

I. Background

The facts in this... More...
   $0 (02-28-2013 - MO)

Melvin Folkerts v. City of Waverly

Melvin and Idella Folkerts are the legal guardians and conservators of their adult son, Travis Michael Folkerts. In May 2008, Travis1 was investigated and charged with sexual assault. Alleging deprivation of his constitutional and statutory rights, the Folkertses sued the City of Waverly, Iowa, and Troy Schneider, an investigator with the police department. The district court2 granted summary judg... More...   $0 (02-25-2013 - IA)

Allen Quigley v. Tuong Vinh Thai

This appeal addresses whether defendant Dr. Tuong V. Thai, a prison psychiatrist, is entitled to immunity from state and federal civil claims brought by the estate of the now-deceased Scott Quigley, Jr., who Thai treated for moderate depression. The estate alleges that Thai’s medical care caused Quigley’s death, violated Quigley’s Eighth Amendment right to be free from cruel and unusual puni... More...   $0 (02-21-2013 - MI)

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