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Deliberate Indifference Law
 
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)

Jim Maxwell v. County of San Diego

Around 10:50 PM on December 14, 2006, Lowell, a San Diego County Sheriff’s Department deputy, shot Kristin in the jaw with his Glock .40 caliber service pistol in the couple’s bedroom.1 At the time, Lowell and Kristin lived in “depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions... More...   $0 (02-14-2013 - CA)

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 favor of the defendants, County of Marico... More...
   $0 (02-13-2013 - AZ)

Tracy Keith v. Richard D. Koerner

Plaintiff-Appellee Tracy Keith, a former inmate, filed a civil rights complaint pursuant to 42 U.S.C. § 1983, alleging violations of her rights under the Eighth Amendment. App. 2. She named as Defendants former warden Richard Koerner and other Kansas Department of Corrections employees. Id. Mr. Koerner appeals from the district court’s denial of qualified immunity. See Keith v. Werholtz, No. 11... More...   $0 (02-12-2013 - KS)

Randy Martin Mulholland v. The Government County of Berks

Appellants Randy Mulholland and Christine Kurtz appeal a decision of the United States District Court for the Eastern District of Pennsylvania rendered during trial, granting judgment as a matter of law against them on the claims they brought under 42 U.S.C. § 1983 against Berks County, Pennsylvania.1 For the following reasons, we will affirm.

I. Background2

A. The July 1996 Inciden... More...
   $0 (01-30-2013 - PA)

Randy Martin Mulholland v. The Government County of Berks, Pennsylvania

Appellants Randy Mulholland and Christine Kurtz appeal a decision of the United States District Court for the Eastern District of Pennsylvania rendered during trial, granting judgment as a matter of law against them on the claims they brought under 42 U.S.C. § 1983 against Berks County, Pennsylvania.1 For the following reasons, we will affirm.

I. Background2

A. The July 1996 Inc... More...
   $0 (01-28-2013 - PA)

Debora Tanner v. City of Sullivan

Debora Tanner, Danny C. Palmer and C.B. sued the City of Sullivan, Darrin M. Jones, Don L. Reed, Kevin L. Halbert, Jeff Rohrer and Shaun Hinson on a wrongful death civil rights violation theories under 42 U.S.C. 1983 and the Eighth Amendment of the United States Constitution claiming that the Defendants demonstrated deliberate indifference to the well being of Karne Palmer when they placed her in... More...   $2850000 (01-25-2013 - MO)

Estate of John King v. Sue Kramer

The Estate of John King sued Sue Kramer on a civil rights violation theory under 42 U.S.C. 1983 claiming that Mr. King died while an inmate in the La Crosse County jail claiming that the care that he received seizures amounted to deliberate indifference on the part of Nurse Kramer and La Crosse County.

King, 49, died April 18, 2007, in an isolated medical cell while suffering a withdrawal... More...
   $0 (01-18-2013 - WI)

Smith & Nephew, Inc. v. Arthrex, Inc.

Smith & Nephew, Inc. (“Smith”) appeals from the final judgment of the United States District Court for the District of Oregon which granted judgment as a matter of law that Arthrex, Inc. (“Arthrex”) does not infringe claim 1 of U.S. Patent 5,601,557 (the “’557 patent”). Smith & Nephew, Inc. et al. v. Arthrex, Inc., No. 3:04-cv-00029-MO (D. Minn. Dec. 16, 2011) (Dkt. No. 1034). Becaus... More...   $0 (01-17-2013 - OR)

B.S. v. Somerset County

Appellant B.S. (“Mother”) is the natural mother of M.N. (“Daughter”), a minor child. Mother had primary legal custody of Daughter until Daughter was removed from Mother’s care in accordance with a court order that transferred custody to the child’s natural father, E.N. (“Father”). Mother claims that Somerset County (the “County”), along with Somerset County Children and YouthMore...   $0 (01-11-2013 - PA)

Randy Patrick Alman v. Kevin Reed

Plaintiffs-Appellants Randy Alman (“Alman”), Michael Barnes (“Barnes”), and the Triangle Foundation sued several Michigan law enforcement officials, the City of Westland, and Wayne County for their respective involvement in Alman’s arrest and the seizure of Barnes’s vehicle during an undercover operation. The district court granted the Defendants’ motion for summary judgment after fi... More...   $0 (01-08-2013 - MI)

Dionne A. McKinney v. John Whetsel

Dionne A. McKinney sued John Whetsel, individually and in his official capacity as Sheriff of Oklahoma County, State of Oklahoma and the Board of County Commissioners of the County of Oklahoma claiming that:

1. This court has jurisdiction over this action and venue is proper in Oklahoma County.

2. This action is an action for negligence and various tort claims which occurred at the ... More...
   $39000 (01-07-2013 - OK)

Anthony Zeno v. Pine Plains Central School District

During his freshman year of high school, plaintiff-appellee Anthony Zeno ("Anthony") transferred to Stissing Mountain High School ("SMHS") in Pine Plains, New York. SMHS was a part of defendant-appellant Pine Plains Central School District (the "District"). His fellow students harassed him for the next three-and-a-half years. He brought this action below, contending that the District was deliberat... More...   $0 (12-04-2012 - NH)

Suetta Smtih v. County of Lenawee

Plaintiff Suetta Smith filed suit on behalf of her deceased daughter Brenda Smith, who died while incarcerated in the Lenawee County, Michigan jail.

Smith was taken into custody for a parole violation on Friday, April 27, 2007. The following Monday morning she died of a seizure brought on by delirium tremens. The two-count amended complaint alleges deliberate indifference to her serious m... More...
   $0 (11-21-2012 - MI)

Abbas Khoshdel .M.D. v. Charles Goosby

In this interlocutory appeal, Appellants Abbas Khoshdel, M.D., Lloyd Aschberger, P.A., Terry Pursley, and Jamie Williams1 appeal the trial court’s denial of their motion for summary judgment on their qualified-immunity affirmative defense to Appellee Charles Goosby’s claim for deliberate indifference to a serious medical need. Goosby, an inmate at the Wynne Unit in Huntsville, sued Dr. Khoshde... More...   $0 (11-01-2012 - TX)

OSU Student Alliance v. Ed Ray

The complaint alleges that employees in Oregon State University’s Facilities Department gathered up the outdoor newsbins belonging to the Liberty, a conservative student monthly, and threw them in a heap by a dumpster in a storage yard. The employees acted pursuant to an unwritten and previously unenforced policy governing newsbins on campus. They did not notify anyone at the Liberty before conf... More...   $0 (10-24-2012 - OR)

Laurie Tsao, AKA Laurie Chang v. Desert Palace, Inc.

Plaintiff-Appellant Laurie Tsao is a so-called “advantage” gambler—a professional gambler who uses legal techniques, such as card counting, to win at casino table games, especially blackjack.1 She was arrested at Caesars Palace (a casino owned by the Defendant-Appellee Desert Palace) for trespassing and obstructing the duties of a police officer, and now challenges that arrest as unconstitut... More...   $0 (10-24-2012 - CA)

Vashir J. Xiong v. Michael Wagner

Racine County Human Services Department caseworker Michael Wagner removed Thor, a 12-year-old child, from his parents’ home and placed him into protective custody. Thor suffers from cerebral palsy, global developmental delay, and is confined to a wheelchair. Wagner commenced an investigation after receiving a referral from personnel at Thor’s middle school that had observed bruising on his arm... More...   $0 (10-19-2012 - WI)

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