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Deliberate Indifference Law
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.



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


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


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.


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)

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