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Deliberate Indifference Law
 
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

-3-

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

Willana Geneva Turner v. The City of Tulsa

In this employment discrimination case, Dr. Willana Geneva Turner appeals from a district court order that entered judgment on the pleadings in favor of the City of Tulsa, Oklahoma. We have jurisdiction under 28 U.S.C. § 1291, and affirm for substantially the same reasons identified by the district court.

________________

* After examining the briefs and appellate record, this panel... More...
   $0 (05-21-2013 - OK)

Michael Wilson, Sr. v. Lawrence Montano

Appellants seek reversal of the district court’s order denying their motion to dismiss claims asserted against them by Michael Wilson, Sr. under 42 U.S.C. § 1983. Wilson alleges he was unlawfully detained and deprived of his constitutional right to a prompt probable cause determination. Appellants claim they are entitled to qualified immunity. The district court concluded Wilson’s complaint a... More...   $0 (05-03-2013 - NM)

John Thomas Argo v. Kyle D. Caldwell

1. That at all times herein mentioned, Plaintiff was and now is a resident of the City of Norman, Cleveland County, State of Oklahoma

2. Plaintiff is informed and believes and thereon further alleges that at all times herein mentioned, Defendant CaIdwell was and now is a resident of the City of Norman, Cleveland County, State of Oklahoma.

3. On or about July 12, 2002, Plaintiff was d... More...
   $0 (05-01-2013 - OK)

United States of America v. James Tebeau

James Tebeau owns more than 300 acres of land in southern Missouri where he has held weekend music festivals at which drug use was widespread. After undercover officers investigated the festivals, Tebeau was charged with having maintained a property from 2004 to 2011 for the purpose of manufacturing, storing, and distributing controlled substances in violation of 21 U.S.C. § 856(a)(2). Tebeau mov... More...   $0 (04-30-2013 - MO)

Tanya A. Martin v. City of Broadview Heights

This excessive force case against officers of the Broadview Heights Police Department (BHPD) and the City of Broadview Heights arises from the fatal arrest of William Parker Martin, an unarmed and mentally unstable 19-year-old. Martin’s estate sued several BHPD officials asserting that the use of excessive force during the arrest violated Martin’s rights under the Constitution and Ohio law. Th... More...   $0 (04-09-2013 - OH)

Paul Perry v. County of Fresno

Appellants, Paul Perry, Felicia Davis Perry, and Orene Perry, challenge the dismissal of their complaint against respondent, County of Fresno (County), following the sustaining of the County‟s demurrer without leave to amend and the granting of the County‟s summary judgment motion. Appellants alleged that the County was liable for damages caused by the County‟s employee, Alejandro Vital when... More...   $0 (04-03-2013 - CA)

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)

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