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Deliberate Indifference Law
Daniel Scott v. Mary Benson

Daniel Scott filed this 42 U.S.C. § 1983 action alleging that Mary Benson provided him constitutionally deficient medical care. The district court denied Benson’s motion for summary judgment on the basis of qualified immunity. We conclude that the district court applied the wrong constitutional standard and, therefore, vacate the denial of summary judgment and remand this case for consideration... More...   $0 (02-04-2014 - IA)

Billy Joe Bailey, Jr. v. Rick Silver

Billy Joe Bailey, Jr. (“Bailey”) appeals the district court’s grant of judgment to the defendants on their respective motions for summary judgment or dismissal based on Bailey’s claims brought under 42 U.S.C. § 1983. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm.


Oklahoma police officer Brian Brewington submitted to a magistrate judge an affi... More...
   $0 (01-17-2014 - OK)

Bobby Wayne Haley, Sr. v. City of Tulsa

Bobby Weyne Haley, Jr., age 59, sued the City of Tulsa on civil rights violation (42 U.S.C., 1983) and malicious prosecution theories claiming that his Fourth Amendment rights were violated by former Tulsa police officer Jeff Henderson and others who were able to violate his rights because of deliberate indifference on the part of the Police Department of the City of Tulsa. Specifically, Plaintif... More...   $35000 (01-09-2014 - OK)

Scott M. Matusick v. Erie County Water Authority

Plaintiff Scott Matusick, who is white, was employed by the Erie
County Water Authority (ʺECWAʺ) during 2004 when, he claims, he was
assaulted, harassed, and ultimately terminated from his employment because of
a romantic relationship he had with an African‐American woman, Anita Starks ‐‐
now Anita Starks‐Matusick. Starks and Matusick met in 2003 but, according to
her... More...
   $0 (01-06-2014 - NY)

Cecelia Elmore v. Thomas Earl Davie, III and R. Lopez Trucking

Cecelia Elmore sued Thomas Earl Davie, III and R. Lopez Trucking on auto negligence theories claiming:

1. Plaintiff is an individual that resides in Tulsa, Oklahoma.

2. The vehicular wreck that is the subject of this lawsuit occurred in Tulsa County, State of Oklahoma.

3. Defendant Thomas Earl Davie, III, is a commercial truck driver that was operating a commercial truck... More...
   $1 (01-02-2014 - OK)

Brittney Robertson v. Victory Christian Center, Inc.

Brittney Robertson and Trust Company of Oklahoma, Limited Guardian of the Estate of M.B., sued Victory Christian Center, Inc. on an intentional infliction of emotional distress claiming:

1. Plaintiff is the respective parent and next friend (“Parent”) of M.B. (“Child Victim”) who is a female child under eighteen (18) years of age at all times relevant to the matters asserted herein.... More...
   $1 (12-31-2013 - OK)

Yvon Wagner v. County of Maricopa

The central figure in this case, Eric Vogel, suffered from mental illness. Our system of laws is administered by rational human beings. It has always been a challenge to the legal system to interact with the irrational.


Yvon Wagner, as the personal representative of the estate of her brother, Eric Vogel, appeals the judgment of the district court in fav... More...
   $0 (12-30-2013 - AZ)

Kenny A. Jones, Sr. v. City of Elkhart, Indiana

Plaintiff‐Appellant Kenny A. Jones, Sr., alleges that Defendants‐Appellees violated his rights under the Fourth Amendment and Fourteenth Amendment. From the first, however, counsel for Jones stated his claims broadly and vaguely. He listed a series of irrelevant facts untethered to any legal claims, and asserted constitutional injury without specifying what provisions of the Constitution were ... More...   $0 (12-12-2013 - IN)

Chelsey Hayes v. County of San Diego, dba San Diego County Sheriff's Department

On the night of September 17, 2006, San Diego County Sheriff’s Deputies Mike King and Sue Geer shot and killed

1 In our original opinion, we affirmed the district court in part and reversed in part, devoting a significant portion of our analysis to Appellant’s negligent wrongful death claim. Hayes v. Cnty. of San Diego, 638 F.3d 688, 690, 694–701 (9th Cir. 2011). After the Appellees r... More...
   $0 (12-02-2013 - CA)

Donald Eugene Boyd v. City of Houston

When a city’s action violates constitutional rights, victims of that action may seek relief under 42 U.S.C. § 1983, but § 1983 does not impose vicarious liability. The city may be held liable only for its own actions. This is black letter

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circu... More...
   $0 (11-26-2013 - TX)

The Estate of C.A. v. Paul Castro

C.A., a high school student, drowned in 2008 after a pool-based science experiment. The Estate of C.A., and Vincent and Celestina Agwuoke, individually and on behalf of the heirs of C.A. (collectively, “the Agwuokes”) sued the school district and school employees under 42 U.S.C. § 1983 for violation of C.A.’s Fourteenth Amendment right to life. After granting the school employees summary ju... More...   $0 (11-26-2013 - TX)

Kenneth E. King v. Anderson County, Tennessee

This appeal arises from a negligence claim Kenneth E. King (“Mr. King” or “Plaintiff”) filed against Anderson County, Tennessee (“Anderson County”) for injuries Mr. King sustained during an altercation with another inmate while he was in custody at the Anderson County Detention Facility. The facts recited summarize 1 the proof introduced at trial.

Mr. King is a resident of Claxt... More...
   $0 (11-21-2013 - TN)

Britney Robertson v. Victory Christian Center

Brittney Robertson, the Mother of M.B., a minor, sued Victory Christian Center on negligence and infliction of emotional distress theories claiming:

1. Plaintiff is the respective parent and next friend (“Parent”) of M.B. (“Child Victim”) who is a female child under eighteen (18) years of age at all times relevant to the matters asserted herein. Parent brings this action on her ow... More...
   $1 (11-20-2013 - OK)

Dianna Johnson v. Government of the District of Columbia and Todd Dillard

Concerned that contraband poses significant dangers to inmates and employees, many penal institutions strip search incoming detainees. The appropriateness of these invasive procedures doubtless looks different from the perspective of detainees such as Appellants—women forced to endure strip searches while awaiting presentment hearings at the District of Columbia Superior Court. Alleging that suc... More...   $0 (11-15-2013 - DC)

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:


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 (... 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


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

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