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Deliberate Indifference Law
 
Robert Wellman, Jr. v. Butler Area School District and Dr. John Wyllie Western District of Pennsylvania Courthouse - Pittsburgh, Pennsylvania

Robert Wellman, Jr., appeals the District Court’s order dismissing his complaint without prejudice for lack of subject matter jurisdiction because he failed to exhaust his administrative remedies under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq. He contends that the Court erred because none of his claims seek relief under the IDEA and, in any event, exhaustio... More...   $0 (12-13-2017 - PA)

Michael Anthony Whitesell v. Bruce O. Burnham Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

This appeal involves an action under 42 U.S.C. § 1983 by Mr.
Michael Whitesell. Mr. Whitesell served two stints in prison: one in 2010
and another in 2013. In his first prison term, he allegedly encountered
deliberate indifference to a serious medical condition and eventually sued.
* The parties do not request oral argument, and we do not believe that
oral argument would be hel... More...
   $0 (12-10-2017 - UT)

Department of Forestry and Fire Protection v. Eunice E. Howell

A wildfire started in Plumas County on September 3, 2007, and burned
approximately 65,000 acres over the course of multiple weeks. This fire, dubbed the
“Moonlight Fire,” was at the center of several actions filed by plaintiffs Department of
Forestry and Fire Protection (Cal Fire), Grange Insurance Association, and multiple
landowners
1 in 2009 and 2010 against defendants Eunic... More...
   $0 (12-07-2017 - CA)

STATE OF IOWA v. FREDDY DOUGLAS CRISP Iowa man found guilty of murdering Devils Lake man

Freddy Crisp shot his friend Dale Potter after a day and night of drinking. A
jury found him guilty of first-degree murder. On appeal, Crisp challenges (1) the
sufficiency of the evidence supporting the jury’s finding of guilt, (2) his trial
attorney’s failure to object to an inference-of-malice jury instruction, and (3) the
district court’s denial of his motions for new tria... More...
   $0 (12-06-2017 - IA)

STATE OF IOWA vs. ALEXANDER MATTHEW KOZAK Alexander Kozak transferred to new maximum security prison

Kozak frames the first issue as follows: “The State denied [him] due process
when, in violation of a sustained motion in limine, it invaded the jury’s province and
questioned a witness regarding [his] ability to plan, deliberate, and premeditate.”
The procedural history informing this issue is as follows.
Before trial, Kozak notified the court of his intent to rely on a dimi... More...
   $0 (12-06-2017 - IA)

STATE OF IOWA vs. MARTEZ DEROY SMITH Jury convicts Martez Smith of murder

On November 25, 2014, Shawonyta Norman visited his sister, Latres
Johnson, at the home she shared with her boyfriend Martez Smith. At one point
in the afternoon, Johnson was putting up a baby gate to confine her two dogs when
Smith yelled at her and pushed her into the baby gate. She fell into the gate,
breaking it, and sustaining cuts on her ankle, arm, and neck. Soon after... More...
   $0 (12-06-2017 - IA)

Sheneca Ward v. Dani Kendrick Oklahoma County Oklahoma Courthouse - Oklahoma City, Oklahoma

Oklahoma City, OK - Sheneca Ward sued Dani Kendrick

Issue # 1. Issue: AUTO NEGLIGENCE (AUTONEG)
Filed By: Ward, Sheneca
Filed Date: 02/10/2015
Party Name Disposition Information
Minor: Ward, A Disposed: DISMISSED - WITH PREJUDICE, 08/02/2017. Other
Defendant: Kendrick, Dani Disposed: JUDGEMENT FOR DEFENDANT, 12/05/2017. Judge
Docket
Date Code Descrip... More...
   $5017 (12-05-2017 - OK)

The State of Texas v. Dennis Davis Third Court of Appeals, Austin, Texas

Our speedy-trial analysis occurs in the context of a long procedural history
encompassing Davis’s indictment, jury trial resulting in a judgment of his guilt, reversal by the court
of appeals, review by the Court of Criminal Appeals, remand to the district court, and his indictment
being set aside. The facts of the underlying case are set forth in this Court’s 2013 opinion:
Natali... More...
   $0 (12-04-2017 - TX)

Terry Laverne Schmuck v. The State of Wyoming Kinnear Man Charged with Attempted First Degree Murder

Mr. Schmuck struck his wife, Cindy Schmuck, in the head with a hatchet. The blow fractured her skull and caused an underlying hemorrhage into the brain. The State charged Mr. Schmuck with one count of attempted murder in the first degree. The trial court also instructed the jury on the lesser included offenses of attempted murder in the second degree and attempted voluntary manslaughter.
... More...
   $0 (12-04-2017 - WY)

UNITED STATES OF AMERICA v. MOHSIN RAZA UNITED STATES OF AMERICA v. FARUKH IQBAL, UNITED STATES OF AMERICA v. MOHAMMAD ALI HAIDER UNITED STATES OF AMERICA v. HUMAIRA IQBAL United States Court of Appeals for the Fourth Circuit

On April 23, 2015, a federal grand jury in Alexandria, Virginia, returned a seven
count indictment against the defendants — who were former employees of SunTrust’s
Annandale branch.2 The indictment’s first count charged them with conspiracy to commit wire fraud affecting a financial institution, in contravention of 18 U.S.C. § 1349.3
Counts 2 through 7 made substantive allegations ... More...
   $0 (12-03-2017 - )

Joan Mullin v. Karen Balicki Despite Lawyer's Error, Evidence of Guard-Encouraged Inmate Suicide Revives Lawsuit

During the early morning hours of January 17, 2009, New Jersey prisoner Robert Mullin hanged himself with a bedsheet that he had fashioned into a noose. The twentynine-year-old Robert had been in and out of prison for the better part of a decade, in part due to his ongoing struggles with substance abuse. While serving out his latest sentence at a halfway house, Robert was found in possession of ... More...   $0 (12-03-2017 - NJ)

UNITED STATES OF AMERICA, EX REL ANTHONY R. SPAY v. CVS CAREMARK CORPORATION; CAREMARK RX UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

Part D of the Medicare program is a voluntary prescription drug benefit program that subsidizes the cost of prescription drugs and prescription drug insurance premiums for Medicare enrollees.2 The Part D program operates as a public-private partnership between the Centers for Medicare and Medicaid Services (“CMS”) and government contractors. CMS contracts with private insurance companies called “S... More...   $0 (12-03-2017 - PA)

Joan Kedra v. Richard Schroeter Third Circuit Court of Appeals - Philadelphia, Pennsylvania

This case arises from the grievous death of State
Trooper David Kedra, who was shot and killed by his
instructor, then-Corporal Richard Schroeter, during a routine
firearms training. Although a long-term veteran of the police
force and specifically certified in the safe use of firearms,
** Honorable Michael J. Melloy, Senior Circuit Judge,
United States Court of Appeals for... More...
   $0 (12-03-2017 - PA)

The People of the State of New York v. Stan XuHui Li Pain Clinic Doctor Is Sentenced in Overdose Deaths of 2 Patients

Defendant was a physician specializing in pain management. In 2004, he opened a pain management clinic in Queens. According to the People, the clinic was nothing more than a "pill mill" catering to people who were hopelessly addicted to pain medicine, primarily opioids. The People's evidence showed that, despite having been trained in the wide variety of methods for identifying legitimate pain and... More...   $0 (12-02-2017 - NY)

United States of America v. Jerry Lynn Gragg Eastern District of Oklahoma Federal Courthouse - Muskogee Oklahoma

Muskogee, OK - Former Police Officer Pleads Guilty to Exploiting his Authority by Sexually Assaulting an Individual

Jerry Lynn Gragg, 40, a former police officer with the Savanna Police Department in Pittsburg County, Oklahoma, pleaded guilty on November 30, 2017 in federal court in Muskogee, Oklahoma, to one count of violating the civil rights of a female whom he sexually assaulted durin... More...
   $0 (12-01-2017 - OK)

STATE OF LOUISIANA V. KEITH STEWART Fifth Circuit Court of Appeal - State of Louisiana

This is defendant’s third appeal.
In 1982, defendant was convicted by a jury of second degree murder in
violation of La. R.S. 14:30.1. 1 The trial judge sentenced defendant to life
imprisonment at hard labor, without benefit of parole, probation, or suspension of
sentence. The Louisiana Supreme Court affirmed defendant’s conviction and
sentence on September 8, 1983. St... More...
   $0 (12-01-2017 - LA)

Antonio Torres v. The State of Texas Cadena Reeves Justice Center - San Antonio Court of Appeals

Torres does not challenge the sufficiency of the evidence to support his conviction.
Moreover, resolution of the issues presented do not require a detailed analysis of the factual
background. Accordingly, we provide a brief factual and procedural background for context.
In the early morning hours, officers were dispatched to a home in Bexar County. When
the first officer a... More...
   $0 (11-30-2017 - TX)

Miguel C. Chavez v. The State of Texas Court of Appeals for the First District of Texas

On February 3, 2016, Officer R. Keller of the Houston Police Department
signed an affidavit for a search warrant pertaining to a residence located in the
6000 block of Sayers Street. In his affidavit, Officer Keller alleged that it was
suspected that a Hispanic male, believed to be named “Mike,” was concealing
cocaine at the target residence.
To demonstrate that he had... More...
   $0 (11-30-2017 - TX)

Joseph Curry v. Yelp, Inc. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Plaintiffs Joseph Curry, individually and on behalf of all
others similarly situated, and Miami Fire Fighters’ and
Police Officers’ Retirement Trust appeal the district court’s
dismissal with prejudice of Plaintiffs’ securities fraud
complaint for failure to state a claim. Plaintiffs argue that
the district court erred by holding that they did not
adequately plead falsity, ... More...
   $0 (11-29-2017 - CA)

State of Missouri vs. Paul J. Murphy St. Charles man found guilty for drunk driving crash that killed unborn baby

The facts, viewed in the light most favorable to the jury’s verdict, are as follows.1
Around noon on March 16, 2013, Andrea Ledbetter was driving behind Defendant on the
highway. Ms. Ledbetter observed Defendant swerving in and out of the traffic lane. Ms.
Ledbetter honked her horn at Defendant, who then momentarily returned to his lane but began
swerving again. Ms. Ledbett... More...
   $0 (11-28-2017 - MO)

STATE OF UTAH v. MICHAEL WADDELL JOHNSON Jury returns guilty verdict for Michael Waddell Johnson in 1998 killing

Michael Johnson was charged and tried for murder. At trial, Mr. Johnson requested an instruction for the lesser offense of homicide by assault. The trial court agreed and stated on the record that it would use the homicide by assault instruction submitted by Mr. Johnson. ¶3 The jury returned a guilty verdict on the murder charge, and Mr. Johnson appealed his conviction to the court of appeals. H... More...   $0 (11-26-2017 - UT)

Floyd Allen Hardrick, Jr. v. City of Detroit, Michigan Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Dog bites dog. So begins this federal case about searches and
seizures allegedly gone awry, if not the newspaper story about the dispute. Detroit has a straydog
problem. As many as 50,000 of them roam the city’s streets and abandoned homes,
sometimes in packs. One group in a position to appreciate the seriousness of the problem, the
United States Postal Service, ranked Detroit sixt... More...
   $0 (11-26-2017 - MI)

Ex parte Dyjuan Meshun Donison

A grand jury indicted Donison in cause number 1461143D for the offense
of evading arrest or detention with a vehicle that occurred on or about June 24,
2016. After the jury was empaneled and sworn, the trial began on January 31,
2017, at 1:37 p.m. The jury heard testimony from three police officers; nine
exhibits—three warrants, four photographs, and two dash cam videos—were ... More...
   $0 (11-25-2017 - TX)

The State of Texas v. Nathan A. Marks Tim Curry Criminal Justice Center - Fort Worth, Texas

2014
The police arrested Marks on October 18, 2014, for driving while
intoxicated, enhanced by a previous DWI conviction, a class A misdemeanor.
See Tex. Penal Code Ann. § 49.09(a) (West Supp. 2016). Marks was released
on a surety bond the same day.
2015
More than six months passed before the State filed, on May 4, 2015, an
information formally charging Marks for... More...
   $0 (11-25-2017 - TX)

Joseph Abuzaid v. Anani, LLC, Big D Concrete, Inc., Muamar Anani and Hanadi Anani Dallas County Courthouse - Dallas, Texas

This appeal involves appellant Joseph Abuzaid’s alleged fraudulent filing of UCC
Financing Statements. Appellees Anani, LLC and Big D Concrete, Inc. challenged the financing
statements as fraudulent liens and sought partial summary judgment. Appellees Muamar and
Hanadi Anani subsequently intervened and filed a separate summary judgment motion
challenging the fraudulent liens Abuzai... More...
   $0 (11-23-2017 - TX)

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