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Deliberate Indifference Law
 
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)

Wardell Leroy Giles v. Gary Campbell

Wardell Leroy Giles appeals the District Court’s denial of his motion to substitute Gary Campbell’s estate as a defendant pursuant to Federal Rule of Civil Procedure 25(a). For the reasons that follow, we will vacate the District Court’s order and remand for further proceedings consistent with this opinion. .

I.

Giles was a prisoner serving time in the Delaware penal system at ... More...
   $0 (10-16-2012 - DE)

N.R. Doe v. St. Francis School District

This suit, by a 14-year-old eighth grader and his parents (whom we can ignore, and so we refer to the boy as the plaintiff), seeks to impose liability on the school district for sexual abuse by a 26-yearold female teacher, Kelly Sweet, no longer employed by the school. The plaintiff is of course not named “N.R. Doe” but is being permitted to litigate pseudonymously.

The suit alleges t... More...
   $0 (09-10-2012 - WI)

Tom Escue v. Triton Fight Center Ltd., Co. dba TRiton Fight School

Tom Escue sued Triton Fight Center Ltd., Co. dba TRiton Fight School, Piet Wilhelm and Alex Wallace on negligence theories.

COMES NOW Tom Escue, for himself individually and for an4 On behalf of Dillon Escue, his minor child, and amends the orginal Petition in this case for the purpose of adding and joining Alex Wallace as a defendant to this lawsuit and hereby state and re-state their cau... More...
   $0 (09-05-2012 - OK)

Wallace Beaulieu v. Cal Ludeman

Wallace James Beaulieu ("Beaulieu"), Lionel Tohannie Yazzie, Larry DeLaney Sr., Emergy Eugene Bush, John Louis Beaulieu III ("Beaulieu III"), and Michael J. Gimmestad (collectively, "Patients") are patients civilly committed to the Minnesota Sex Offender Program (MSOP). The Patients brought suit under 42 U.S.C. § 1983 against Minnesota Department of Human Services officials ("DHS officials")1 and... More...   $0 (08-29-2012 - MN)

Sheila McCullum v. Kenneth Tepe

Timothy Hughes died after hanging himself from his bed in the Butler County Prison. Hughes showed no outward signs that he was suicidal, but he did have a history of depression and asked to see Dr. Kenneth Tepe, the prison psychiatrist, about anti-depression medication. Hughes and Dr. Tepe never met.

Hughes’s mother filed this § 1983 suit, alleging that Tepe was deliberately indifferent ... More...
   $0 (08-29-2012 - OH)

Carol Hutson v. Jude Walker

Carol (Lynn) and Jason Hutson brought this action against Jude Walker, Julie Baumgardner, and Sallie West, social service employees in Jackson County, Missouri, alleging they violated 42 U.S.C. § 1983 and state law by recommending that custody of their son A.H. be granted to his grandparents, Carolyn and Patrick Cattin. According to the Hutsons this recommendation resulted in the untimely death o... More...   $0 (08-21-2012 - MO)

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