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Disability Law
 
State of Washington v. Oscar Raul Lopez Washington Supreme Court Building

The trial court found that Oscar Lopez's lawyer
was "fairly obvious[ly]" "severely handicapped" by depression during the pretrial
and trial phases of Lopez's case.' That finding was supported by the trial court's
own observations of defense counsel's performance—and sometimes failure to show
up—at trial. That finding was also supported by declarations and testimony
presented at... More...
   $0 (02-19-2018 - WA)

Qwinstar Corporation v. Curtis Anthony District of Minnesota Federal Courthouse - Minneapolis, Minnesota

Qwinstar Corporation and Pro Logistics, LLC, engaged in negotiations that
culminated with Qwinstar agreeing to purchase Pro Logistics and employ its
owner—Curtis Anthony2—for a term of five years. A few months after the sale,
Qwinstar terminated Anthony’s employment and filed this lawsuit against him,
alleging that it did not receive the inventory it bargained for in the sale. Anth... More...
   $0 (02-18-2018 - MN)

Alejandro Moreno v. Nancy Berryhill Northern District of Illinois Courthouse - Chicago, Illinois

Alejandro Moreno appeals the order of the
district court upholding the Social Security Administration’s
denial of his applications for Supplemental Security Income
and Disability Insurance Benefits. Mr. Moreno contends that,
among other shortcomings in the Administrative Law Judge’s
(“ALJ”) determination, he improperly relied on an outdated
mental-health assessment and fail... More...
   $0 (02-16-2018 - IL)

Maranda Lynn O'Donnell v. Harris County, Texas, et al. Southern District of Texas Courthouse - Houston, Texas

Maranda ODonnell and other plaintiffs (collectively, “ODonnell”) brought a class action suit against Harris County, Texas, and a number of its officials—including County Judges,1 Hearing Officers, and the Sheriff (collectively, the “County”)—under 42 U.S.C. § 1983. ODonnell alleged the County’s system of setting bail for indigent misdemeanor arrestees violated Texas statutory and constitutional la... More...   $0 (02-15-2018 - TX)

E.W. v. Rosemary Dolgos and WICOMICO County Sheriff's Department District of Maryland Federal Courthouse - Baltimore, Maryland

This matter involves a school resource officer’s decision to handcuff a calm, compliant elementary school student for fighting with another student three days prior. The child brought a claim under 42 U.S.C. § 1983 for excessive use of force in violation of the Fourth Amendment and several state law claims. On a motion for summary judgment, the district court concluded that the officer’s conduct d... More...   $0 (02-14-2018 - MD)

Mariusz Bogdanski v. Daman Budzik v. Fedex Ground Package System, Inc. Union County Courthouse - Niobara, Wyoming

[¶1] Mariusz Bogdanski and Damian Budzik were codrivers of a commercial semitruck
that was involved in an accident on Interstate 80 east of Evanston, Wyoming.
Bogdanski was injured in the accident and filed an action against Budzik, alleging that
his negligence caused the accident. He also sued FedEx Ground Package System, Inc.
(FedEx), the company whose trailers they were hauling,... More...
   $0 (02-13-2018 - )

S.H. v. Campbell County School District, et al. Albany County Courthouse - Laramie, Wyoming

[¶1] SH received special education services at the Campbell County School District (School District) in accordance with an Individual Education Plan (IEP), pursuant to the federal Individuals with Disabilities Education Act. She was injured when she slipped and fell on the school playground, and she filed a complaint against the School District to recover damages for her injuries. SH claimed that ... More...   $0 (02-13-2018 - WY)

Moira E. Teixeira v. Town of Coventry District of Rhode Island Federal Courthouse - Providence, Rhode Island

The McDonnell Douglas framework,
see McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-804 (1973),
has proven to be a useful tool in the adjudication of pretrial
motions (especially at the summary judgment stage) in
discrimination and retaliation cases. See, e.g., Burns v. Johnson,
829 F.3d 1, 8 (1st Cir. 2016) (discrimination); Henry v. United
Bank, 686 F.3d 50, 55 (1st ... More...
   $0 (02-12-2018 - RI)

Alejandro Menocal, et al. v. National Advocacy Center of The Sisters of the Good Shepherd, et al. District of Colorado Federal Courthouse - Denver, Colorado

This appeal addresses whether immigration detainees housed in a private contract
detention facility in Aurora, Colorado (the “Aurora Facility”) may bring claims as a class
under (1) 18 U.S.C. § 1589, a provision of the Trafficking Victims Protection Act (the
“TVPA”) that prohibits forced labor; and (2) Colorado unjust enrichment law.
The GEO Group, Inc. (“GEO”) owns and operates th... More...
   $0 (02-10-2018 - CO)

Larry Gene Burks v. Wendy Kelley, Director, Arkansas Department of Corrections Easter District of Arkansas Federal Courthouse - Pine Bluff, Arkansas

Larry Burks was convicted of rape in Arkansas and sentenced to thirty years in
prison. When Burks, more than five years later, petitioned for a writ of habeas corpus
under 28 U.S.C. § 2254, there was a dispute about whether the petition was timely.
The district court determined that the one-year statute of limitations should be
equitably tolled and deemed Burks’s petition timely. T... More...
   $0 (02-08-2018 - AR)

Amy Thomas v. Nancy A. Berryhill, Acting Commissioner of Social Securty Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

Amy Thomas was thirty-four years old, the mother of a four-year-old son, and
in the process of divorcing her second husband. A high-school graduate, she lived on
her own, cared for herself and her indoor dog and cat, tended her home, managed her
finances, and led a more-or-less independent life. She had custody of her son every
other week and would care and provide for him as well,... More...
   $0 (02-05-2018 - AR)

A.H. v. Illinois High School Association Northern District of Illinois Courthouse - Chicago, Illinois

A.H., a senior at Evanston Township
High School, is a member of the school’s track and field team
despite his physical limitations from spastic quadriplegia
related to cerebral palsy. During his junior year, he requested
that the Illinois High School Association (IHSA) create a
2 No. 17‐2456
separate division with different time standards for paraambulatory
runner... More...
   $0 (02-02-2018 - IL)

United States of America v. Sean Jelen Middle District of Pennsylvania Federal Courthouse - Scranton, Pennsylvania

Scranton, NJ - Former CEO Of Scranton Federal Credit Union Sentenced To 70 Months’ Imprisonment

United States District Court Judge Malachy E. Mannion sentenced Sean Jelen, age 35, of Breezy Point, NY, to 70 months’ imprisonment and four years of supervised release on January 31, 2018, for bank fraud and attempted bank fraud offenses.

According to United States Attorney David J. F... More...
   $0 (02-02-2018 - PA)

Lori Franchina v. City of Providence District of Rhode Island Federal Courthouse - Providence, Rhode Island

Sticks and stones may break
some bones, but harassment can hurt forever. "Cunt," "bitch,"
"lesbo": all are but a smattering of the vile verbal assaults the
plaintiff in this gender discrimination case, Lori Franchina, a
former lieutenant firefighter, was regularly subjected to by
members of the Providence Fire Department ("the Department"). She
was also spit on, shoved, and... More...
   $0 (02-01-2018 - RI)

United States of America v. Gilbert Wayne Wiles, Jr. District of Wyoming Federal Courthouse - Cheyenne, Wyoming

The district judge aptly described this case as one “surrounded in mystery.” (R.
Vol. 2 at 160.) While the exact details remain a mystery, it is no mystery that Gilbert
Wayne Wiles, Jr., and his co-defendant Scott Lewis were up to no good.
* This order and judgment is an unpublished decision, not binding precedent. 10th
Cir. R. 32.1(A). Citation to unpublished decisions is not enco... More...
   $0 (01-30-2018 - WY)

STATE OF OHIO v. DEONTE L. GAUSE

On January 24, 2017, the Montgomery County Grand Jury returned an
indictment charging Gause with single counts of carrying concealed weapons in violation
of R.C. 2923.12(A), improperly handling firearms in a motor vehicle in violation of R.C.
2923.16(B), and having weapons while under disability in violation of R.C. 2923.13(A)(2).
The charge of having weapons while under disability... More...
   $0 (01-29-2018 - OH)

United States of America v. Brian Tillman District of Nebraska Federal Courthouse - Lincoln, Nebraska

Lincoln, NE - Fremont Builder Sentenced for Theft of Government Services

Chief United States District Court Judge Robert Rossiter sentenced Brian Tillman, age 54, of Fremont, Nebraska on January 26, 2018 for his conviction for theft of government funds. Tillman was sentenced to a five-year term of probation and was ordered to pay restitution of $190,100 to the Social Security Administrati... More...
   $0 (01-29-2018 - NE)

United States of America v. Daniel Lee Dove Eastern District of Washington Federal Courthouse - Spokane, Washington

Spokane, WA - Central Washington Healthcare Organization Agrees to Settle ADA Claim with Deaf-Blind Individual

Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that a settlement agreement under the Americans with Disabilities Act (ADA) has been reached between the U.S. Attorney’s Office, the U.S. Department of Justice’s (DOJ) Civil Rights Divi... More...
   $0 (01-29-2018 - WA)

Leopoldo N. Leon v. Nancy A. Berryhill District of Arizona Federal Courthouse - Phoenix, Arizona

The credit-as-true analysis has evolved in our circuit over
time, thus providing a challenge for application by the district
court. The rule itself permits, but does not require, a direct
award of benefits on review but only where the administrative
law judge (ALJ) has not provided sufficient reasoning for
rejecting testimony and there are no outstanding issues on
which fur... More...
   $0 (01-29-2018 - AZ)

The Estate of Chandler J. Barnwell v. Linda Watson, Dr., EdD, Superintendent of the School Board of the Little Rock Independent School District Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

After their son tragically committed suicide, the plaintiffs, Michael and Anna
Barnwell, sued the superintendent of their son’s school district, alleging that the
school had discriminated against their son on the basis of disability by failing to
adequately protect him from being bullied by other students. But the district court2
found no evidence to support the Barnwells’ claim, a... More...
   $0 (01-28-2018 - AR)

Ricky Lee Smith v. Commissioner of Social Security Eastern District of Kentucky Courthouses

Ricky Lee Smith filed an application for supplemental
security income resulting from disability. A hearing was conducted before an administrative law
judge (“ALJ”). The ALJ issued an unfavorable decision, finding that Smith was not disabled
under the Social Security Act. The notice of decision stated that Smith had sixty days to file a
written appeal with the Appeals Council if he ... More...
   $0 (01-26-2018 - KY)

United States of America v. Jerry Ingram Federal Courthouse Western District of Arkansas - Fayetteville, Arkansas

Jerry Ingram argues that the district court 1 erred when it revoked his supervised
release by not abating a previously imposed fine and by ordering him to pay that fine
1The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas.
through the Bureau of Prisons’s Inmate Financial Responsibility Program (“IFRP”).
For the reasons that follow,... More...
   $0 (01-26-2018 - AR)

David Pittington v. Great Smoky Mountain Lumberjack Feud, L.L.C. Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

Plaintiffs who successfully prove that they
were fired in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”) are
presumptively entitled to back pay for the amount they would have earned had they not been
unlawfully terminated. Such awards are intended to compensate fully plaintiffs for the wrongs
that they suffered. For the same reason, an award of prejudgment int... More...
   $0 (01-26-2018 - TN)

Keith Saunders v. Fort Motor Company; Jeff Marzina; Karen Morrison Western District of Kentucky Federal Courthouse - Louisville, Kentucky

This case involves claims by Keith Saunders
against his employer, Ford Motor Company, under both § 301 of the Labor Management
Relations Act (LMRA), 29 U.S.C. § 185, and Kentucky law. Saunders contends that Ford
breached the applicable collective bargaining agreement (CBA) by twice placing him on
temporary leave—known as no-work-available (NWA) status—and that his local union breac... More...
   $0 (01-26-2018 - KY)

Rogelio Aleman Garcia v. Nancy A. Berryhill, Acting Commissioners of Social Security Southern District of Texas Courthouse - Houston, Texas

Rogelio Garcia appeals the district court’s decision to deny disability benefits
he sought from the Social Security Administration (“SSA”). Because the
decision is supported by substantial evidence, we affirm.
I.
In January 2012, Garcia applied for disability insurance benefits under
42 U.S.C. § 423 as of January 1, 2007, based on hearing loss and post-traumatic
stress diso... More...
   $0 (01-25-2018 - TX)

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