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Deliberate Indifference Law
 
Patrick Hahn v. Daniel Walsh

Janet Hahn was a pretrial detainee at
the Champaign County Correctional Center (“CCCC”)
immediately before she died as a result of diabetic
ketoacidosis.1 Patrick Hahn, Mrs. Hahn’s husband, and
Erik Redwood, the administrator of her estate, brought this
action, alleging that various government officials and private
contractors failed to provide adequate medical treatm... More...
   $0 (08-12-2014 - IL)

Delores Escobar, Individually, as Representative of the Estate of Luis Manuel Escobar, and as Next Friend of Luis Alberto Escobar, a Minor v. Harris County, Texas and Eric Goodney

Following an attempted traffic stop, Luis Manuel Escobar fled in his car from Harris County Sheriff’s Deputy Eric Goodney. At the end of the pursuit, Luis was shot and killed as he ran from the scene. This lawsuit was brought by Luis’s
2
mother, alleging that his death resulted from the unlawfully excessive use of force by Deputy Goodney.
Appellant Delores Escobar sued appellees Ha... More...
   $0 (07-31-2014 - TX)

Christina Nicole Adams and Christopher L. Adams v. Laboratory Corporation of America

Christina and Christopher Adams (“the Adamses”) filed a lawsuit against Laboratory Corporation of America (“LabCorp”), alleging that its cytotechnologists were negligent in failing to identify abnormalities in Ms. Adams’s Pap smears and that this negligence caused a delay in her cancer diagnosis. LabCorp moved to exclude the testimony of Dr. Dorothy Rosenthal concerning the alleged breac... More...   $0 (07-29-2014 - GA)

Darlene Fike as next friend of Hunter E. Bodine, a minor child v. Travis Miller, et al.

Darlene Fike, as next friend of Hunter E. Bodine, a minor child, appeals from the trial court’s orders dismissing her suit against Travis Miller, Jim Gregory, and Latexo Independent School District (LISD). Fike contends that she asserted claims that should not have been dismissed. We affirm.
BACKGROUND
Bodine is a student at LISD, and Miller is one of his coaches. Gregory is the superint... More...
   $0 (07-26-2014 - TX)

Maria G. Flores v. County of Los Angeles and Lee Baca

Plaintiff Maria Flores alleges that after she received a
traffic ticket, she drove to a Los Angeles County vehicle
inspection site to clear the ticket. There, she alleges, she was
sexually assaulted by a deputy sheriff, who is to date
unidentified. She now sues the County and its sheriff Lee
Baca, claiming the assault was a proximate result of their
failure properly to trai... More...
   $0 (07-14-2014 - CA)

Anthony Hildebrand v. Allegheny County

This appeal presents three issues on which we have not previously ruled in a precedential opinion. First, whether an employee terminated from a local government position may maintain an action for age discrimination under 42 U.S.C. § 1983. Second, whether the pleading of exhaustion of administrative remedies, a prerequisite to bringing a lawsuit under the Age Discrimination in Employment Act (“... More...   $0 (06-27-2014 - PA)

John Gustav Block v. City of Lewiston

John Block appeals the district court’s grant of summary judgment dismissing his negligence and gross negligence claims against the City of Lewiston. We affirm the district court.
2
I. FACTUAL AND PROCEDURAL BACKGROUND
In 2005, Block purchased property in Lewiston, Idaho, from Jack Streibick for real estate development. Block then submitted an application to resubdivide the property ... More...
   $0 (06-17-2014 - ID)

Willie Atkins v. Robert Herrera and Brad Livingston

In appellate cause numbers 10-13-283-CV and 10-13-284-CV, appellant, Willie Atkins, challenges the trial court’s dismissal of his claims as frivolous. We affirm.

I. BACKGROUND

During all relevant times, appellant has been incarcerated at the Pack, Estelle, and Stiles Units in the Institutional Division of the Texas Department of Criminal Justice. On April 23, 2013, and May 10, ... More...
   $0 (06-09-2014 - TX)

Katherine M. Cady v. Barbara Walsh (Cumberland County Jail)

Katherine Cady, on behalf of the estate of her son, Paul Victor Galambos, III, brought this 42 U.S.C. § 1983 action after Galambos's death from self-inflicted injuries that he suffered while he was a pretrial detainee at the Cumberland County Jail (CCJ). The action alleged that employees of Corizon, Inc., the private company providing healthcare services at CCJ, were deliberately indifferent to G... More...   $0 (06-04-2014 - ME)

Pedro Rosales-Martinez v. Colby Palmer, et al.

This is an action for damages under 42 U.S.C. § 1983. The plaintiff, Pedro Rosales-Martinez, complains that he was unlawfully convicted and imprisoned as a result of violations of his constitutional rights. He alleges that the defendants, acting under color of State law, unlawfully suppressed the criminal history of a confidential informant who was the main witness against him, failed to produce ... More...   $0 (06-03-2014 - NV)

Lawrence Thomas v. Cumberland County

Lawrence Thomas brought this suit under 42 U.S.C. § 1983 and the New Jersey Civil Rights Act, N.J. Stat. Ann. § 10:6-2, after he sustained an attack at the hands of other inmates at the Cumberland County Correctional Facility (the “CCCF”). The attack occurred after a several-minute long verbal argument between Thomas and a group of inmates in the presence of corrections officers. Thomas brou... More...   $0 (04-11-2014 - NJ)

The Estate of Randy Lynn Cheney v. Wanda Collier

While in the custody of the Mississippi Department of Corrections, Randy Lynn Cheney died from a severe viral syndrome that ultimately resulted in cardiac and respiratory arrest. The Plaintiff, Cheney’s father, filed suit pursuant to 42 U.S.C. § 1983, asserting that the prison officials and medical staff who were responsible for treating Cheney were deliberately

Case: 13-60082 Documen... More...
   $0 (03-24-2014 - OK)

Santiago Ibarra Rivera v. County of Los Angeles

We must deal with a case of mistaken identity arising out of the arrest and detention of a person named on a warrant not intended to describe him.

I

A

In July 1985, a Los Angeles Superior Court issued an arrest warrant for “Santiago Rivera.” On June 18, 1989, officers of the Montclair Police Department arrested Santiago

RIVERA V. COUNTY OF LOS ANGELES 5

River... More...
   $0 (03-12-2014 - CA)

C.L. v. Scarsdale Union Free Sch. Dist.

In this case, C.L., a child with a disability, was denied a free appropriate public education (a "FAPE") by the Scarsdale Union Free School District (the "District"). His parents, plaintiffs-appellants C.L. and G.W., placed him in a specialized private school designed to educate children with learning disabilities and sued the District for tuition reimbursement under the Individuals with Disabilit... More...   $0 (03-11-2014 - NY)

Estate of Marvin L. Booker v. Faun Gomez

Denver police arrested Marvin Booker on a warrant for failure to appear at a hearing regarding a drug charge. During booking, Mr. Booker died while in custody after officers restrained him in response to his alleged insubordination.

Several officers pinned Mr. Booker face-down to the ground, one placed him in a chokehold, and another tased him. After the officers sought medical help for ... More...
   $0 (03-11-2014 - CO)

Cion Adonis Peralta v. T.C. Dillard

We consider whether prison officials sued for money damages under 42 U.S.C. § 1983 may raise a lack of available resources as a defense.

I. Background

At the time Cion Adonis Peralta arrived at California State Prison, Los Angeles County (Lancaster), the prison had only three or four dentists and three or four dental assistants. It had no office technicians or dental hygienists. Sta... More...
   $0 (03-06-2014 - CA)

Estate of Montana Lance v. Lewisville Independent School District

When he was in the fourth grade, Montana Lance locked himself inside of the school nurse’s bathroom and took his own life. Montana was a special-needs student, and Montana’s parents sued the Lewisville Independent School District (the “School District”) alleging, among other claims, that the School District violated Montana’s constitutional rights under 42 U.S.C. § 1983 and discriminate... More...   $0 (02-28-2014 - TX)

Scott M. Matusick v. Erie County Water Authority

Appeal from judgments of the United States District Court for the
Western District of New York (Richard J. Arcara, Judge), after a jury trial, based
on, inter alia, the instruction to the jury not to give weight to administrative
findings, the juryʹs finding of liability on the plaintiffʹs state law discrimination
claims, the juryʹs finding of liability on the plaintiffʹs const... More...
   $0 (02-25-2014 - NY)

Camille Mae Kramer v. Wasatch County Sheriff's Office

Camille Kramer sued the Wasatch County Sheriff’s Department, her former employer, for sexual harassment under Title VII of the Civil Rights Act and 42 U.S.C. § 1983. She appeals from the district court’s grant of summary judgment to Wasatch County on all claims. We affirm summary judgment as to the § 1983 claim but reverse on the Title VII claim, which we remand for trial for the reasons exp... More...   $0 (02-25-2014 - UT)

Marqus L. Stevenson v. City of Seat Pleasant, Maryland

This appeal comes to the Court after what the district court described as “a rather long and tortured factual history.” Several orders are on appeal: dismissal; grant of summary judgment; denial of a motion pursuant to Federal Rule of Civil Procedure 59(e); and denial of a motion pursuant to Federal Rule of Civil Procedure 60(b). As explained in greater detail below, we affirm in part, reverse... More...   $0 (02-21-2014 - MD)

Robert Charles Morris v. Brad Livingston

Plaintiff-Appellant Robert Charles Morris brings this suit pursuant to 42 U.S.C. § 1983, challenging the constitutionality of the Texas statute providing that inmates must pay a $100 annual health care services fee when they receive medical treatment in the prison system. The district court granted Defendant-Appellee Brad Livingston’s motion to dismiss. For the following reasons, we AFFIRM.
... More...
   $0 (02-10-2014 - TX)

Robert Shreve and Michael Reed v. Franklin County, Ohio

This case arises out of a putative class action against Franklin County, Ohio, its sheriff Zachary Scott, and 14 of the sheriff’s deputies for allegedly using excessive force against detainees in the county jail and for violating the privacy of detainees through strip searches. Settlements were reached with

1

No. 13-3119 Shreve et al. v. Franklin Cnty., Ohio et al. Page 2

al... More...
   $0 (02-06-2014 - OH)

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.

I. BACKGROUND

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)

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