Deliberate Indifference Law
 
Rustin J. Smith v. City and County of Honolulu Federal Courthouse - Honolulu, Hawaii

Plaintiff-Appellant Rustin Smith brought an action under
42 U.S.C. § 1983 alleging that his rights under the Fourth
Amendment were violated by police officers employed by
Defendant-Appellee City and County of Honolulu.
Specifically, he alleged that following his arrest on drug
charges that were subsequently dropped, he was improperly
detained by the Honolulu police for appr... More...
   $0 (04-12-2018 - HI)

State of Louisiana v. Donovan Carman

On December 28, 2015, Donovan Carman (“Carman”) contacted his
estranged girlfriend, Deidra Nichols (“Nichols”), to arrange the pickup of
their two-year-old daughter, Emma. Nichols advised Carman he could not
pick up Emma because it was “too cold” outside. Notwithstanding Nichols’
objection, Carman left his job in Bossier City and drove approximately 22
minutes to the hom... More...
   $0 (04-09-2018 - LA)

STATE OF KANSAS v. COREY LYNN STANSBURY

On the evening of December 26, 2014, Terry Arntt went to a bar with some friends. Kalya Tepe picked Arntt up at the bar, and they went to another bar. At some point, Tepe went to the restroom while Arntt went to the bar to order another drink. According to Arntt, when he turned away from the bar, Stansbury was standing right behind him. Evidently, the two briefly exchanged words before Stansbury p... More...   $0 (04-07-2018 - KS)

State of Minnesota vs. Ryan David Petersen

The facts underlying the murder of Chase Passauer are not in dispute. Ryan Petersen
hired D.A., from Northstar Criminal Defense, in March 2016, to represent him for criminal
and civil matters. Petersen agreed to pay a flat fee of $10,000 for D.A.’s services, and he
had paid a total of $7,000 to D.A. as of April 7, 2016, when Petersen terminated D.A.’s
representation.
... More...
   $0 (04-06-2018 - MN)

Jodelle L. Kirk v. Schaeffer Group USA, Inc.; FAG Bearings, LLC

From 1973 to 1982, FAG Bearings Corporation released thousands of gallons
of trichloroethylene (TCE), a volatile organic compound now classified as a hazardous
substance, at its manufacturing facility in Joplin, Missouri. In 1991, the Missouri
Department of Health and the Environmental Protection Agency (EPA) detected TCE
contamination in residential wells in the Villages of Silver... More...
   $0 (04-05-2018 - MO)

Rebecca Ann Akin v. Nancy A. Berryhill Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Rebecca Akin, a 47-year-old woman, chal-lenges the denial of her application for Supplemental Security Income. She contends that she became disabled in 2011 prin-cipally from fibromyalgia, back and neck pain, and head-aches. Akin argues that the administrative law judge made several errors: The ALJ (1) wrongly discounted her allegations of back pain; (2) improperly credited the opinions of agency<... More...   $0 (04-04-2018 - WI)

ALBERTO GUILLEN v. STATE OF MONTANA

On July 30, 2011, Guillen struck his brother, Roberto, with a van at an intersection
in Missoula. The brothers were loudly arguing when Roberto got on his bicycle and started
to ride away. Guillengot into the van and pursued Roberto. Guillenthen hitRoberto with
the van, running Roberto and the bicycle over. Guillen then left the scene. Roberto
sustained severe injuries, in... More...
   $0 (04-04-2018 - MT)

Jill Oits v. Kayla J. Demarasse, et al. Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Jill Otis brought this action pro se under
42 U.S.C. § 1983, alleging that Kayla Demarasse, a Waterford,
Wisconsin police officer, ignored her obvious need for
medical care after arresting her on suspicion of driving while
intoxicated. The district court dismissed her complaint.
Ms. Otis, now represented by counsel, appeals the dismissal.
She contends that her complaint sta... More...
   $0 (04-02-2018 - WI)

RONNIE BRUCE MARTINEZ V. STATE OF ARKANSAS

On October 22, 2015, the Grant County Sheriff’s Department arrived at Danny
Myers’s place of business in response to a report of shots fired with an active shooter on
scene. Deputy Matt Bennett testified that when he initially pulled up, Martinez was
holding a weapon. Bennett explained that as he pulled up to stop Martinez, Martinez threw
the gun down and fell to the ground. Co... More...
   $0 (04-01-2018 - AR)

DUAN HARRIS V. STATE OF ARKANSAS

Appellant Duan Harris was convicted in a jury trial of rape, aggravated assault, and
interference with emergency communication. The victim was Mia Colley. For these
offenses, Mr. Harris was sentenced to ten years in prison.
Mr. Harris now appeals, raising two arguments for reversal. First, he argues that the
trial court erred in allowing Lakeisha Harris to testify about an ... More...
   $0 (04-01-2018 - AR)

DANIEL LYNN HONEY v. STATE OF ARKANSAS

Honey was charged with two counts of rape based on allegations that he inserted his
finger into the vagina and anus of seven-year-old R.T. Prior to trial, Honey filed a motion
for discovery to which the State filed a response and supplemental response. Honey later filed
a separate request for discovery pursuant to Arkansas Rule of Criminal Procedure 17.1,
specifically asking the S... More...
   $0 (04-01-2018 - AR)

STATE OF KANSAS v. JAMES K. KAHLER

A recitation of some family history preceding the murders is necessary to put Kahler's crimes in context. In 2008, the Kahler family—husband, Kahler; wife, Karen; teenage daughters, Emily and Lauren; and 9-year-old son, Sean—was living in Weatherford, Texas. Kahler was the director of the public utilities department, and Karen was a personal trainer. Both adults had successful careers. Acquaintanc... More...   $0 (03-31-2018 - KS)

STATE OF OHIO v. JINETTA L. THOMPSON

On August 19, 2015, the Seneca County Grand Jury indicted Thompson
on six counts, including: Count One of trafficking in cocaine in violation of R.C.
2925.03(A)(1), (C)(4)(b), a fourth-degree felony; Count Two of trafficking in
cocaine in violation of R.C. 2925.03(A)(1), (C)(4)(a), a fifth-degree felony; Count
Three of trafficking in cocaine in violation of R.C. 2925.03(A)(1),... More...
   $0 (03-31-2018 - OH)

STATE OF KANSAS v. RONALD E. HESKETT

The facts of this case were disputed at trial—except for one important fact. Both parties agreed that on September 12, 2014, Heskett purposely killed Moulton. The State's theory: Heskett murdered Moulton to cover up the fact that Heskett stole Moulton's money. The defense theory: Heskett ended Moulton's life at Moulton's suicidal insistence.

Moulton, who was 65 years old at the time ... More...
   $0 (03-29-2018 - KS)

STATE OF MONTANA v. WILLIAM EARL CUNNINGHAM

During the evening of August 1, 2014, Cunningham joined his friend and neighbor
Lena Heller at a picnic table outside of their apartment building in Laurel, Montana. Heller
introduced Cunningham to her friend and former co-worker, Nathan Horn. Cunningham,
Heller, and Horn sat at the picnic table drinking alcohol and socializing for several hours,
joined eventually by another... More...
   $0 (03-26-2018 - )

STATE OF NORTH CAROLINA v. TODD ERIC BODERICK

Defendant and Krishay Mouzon (“the mother”) had a daughter (“the child”)
born on 25 April 2012. Defendant and the mother had custody of the child, and the
mother had two additional children of whom she did not have custody. Defendant and
the mother lived with the child in various hotels.
On 27 October 2012 at approximately 9:27 p.m., police and the fire department
respond... More...
   $0 (03-26-2018 - NC)

Melisa Richmond v. Rubab Huq Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Plaintiff Melisa Richmond was
incarcerated in the Wayne County Jail from December 26, 2012 through February 13, 2013.
>
No. 16-2560 Richmond v. Huq, et al. Page 2
While in the custody of the Jail, Richmond received treatment for a self-inflicted burn wound on
her chest as well as for psychological needs. Richmond contends that she received
constitutionally inadequate treatm... More...
   $0 (03-26-2018 - MI)

John R. Turner v. United States of America Western District of Tennessee Federal Courthouse - Memphis, Tennessee

Appellant John Turner asks us to overrule
nearly four decades of circuit precedent holding that the Sixth Amendment right to counsel does
not extend to preindictment plea negotiations. See United States v. Moody, 206 F.3d 609, 614–
15 (6th Cir. 2000) (citing United States v. Sikora, 635 F.2d 1175 (6th Cir. 1980)). We decline to
do so. Our rule—copied word for word from the Supreme ... More...
   $0 (03-26-2018 - TN)

STATE OF OHIO v. DAVID G. MATTOX

In 2013, a detective with the Miami Township Police Department asked
Mattox to be interviewed in response to an allegation that he had sexually abused a minor.
Mattox complied with the request, and on September 18, 2013, he participated in a
roughly 30 to 40 minute interview with the detective at the department’s offices. Tr. of
Proceedings 9:3-9:18 and 23:2-23:5. The inves... More...
   $0 (03-25-2018 - OH)

STATE OF IOWA vs. DAVID MIKEL ROBBINS

On April 7, 2014, Marshalltown Police obtained a search warrant and a
S.W.A.T. team executed the warrant on a residence occupied by Robbins. Officers
found approximately one-half pound of methamphetamine, approximately two
pounds of marijuana, drug paraphernalia, and cash. An officer spoke with Robbins
following the search and asked him who occupied the northwest bedroom wher... More...
   $0 (03-24-2018 - IA)

Christopher Collings v. State of Missouri

Nine-year-old Rowan Ford lived with her mother and stepfather, David Spears.
For several months in early 2007, Christopher Collings lived with the Spears family but
had since moved out.
On November 2, 2007, Spears, Collings, and their friend Nathan Mahurin were
drinking alcohol and smoking marijuana together at Spears’s house. Later in the evening,
the three men went t... More...
   $0 (03-24-2018 - MO)

GERON R. TAYLOR v. THE CITY OF BIXBY, OKLAHOMA Oklahoma Court of Civil Appeals

On September 8, 2011, Taylor was stopped by a Bixby police officer for driving 49 miles per hour in a 40-mile per hour speed zone. During the interrogation that followed, Taylor failed to produce a driver's license, admitted that he did not have a driver's license and admitted that he had never possessed a valid driver's license. Taylor was arrested and charged with speeding and driving without a ... More...   $0 (03-23-2018 - OK)

Nicole Haberle v. Officer Daniel Troxell Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Timothy Nixon was a troubled man. After stealing a firearm, he told his partner, Nicole Haberle, that he was going to commit suicide. When a police officer employed by the Borough of Nazareth learned of that threat, he did not wait for trained crisis support professionals but instead knocked on the door of the apartment where Nixon was located and announced his presence. Nixon immediately shot him... More...   $0 (03-22-2018 - PA)

STATE OF KANSAS v. SLY MAPLES

Sly Maples was tried for abuse of a child and felony murder. He was convicted of abuse of a child and sentenced to 136 months' prison based on a criminal history score of A. These charges stem from incidents that occurred between January 19, 2015, and January 20, 2015, that ultimately lead to the death of A.D.

On January 19, 2015, Maples choked and shook A.D. causing severe bruising a... More...
   $0 (03-21-2018 - KS)

STATE OF KANSAS v. PABLO ALBERTO GONZALEZ

The facts are mostly undisputed, except whether Gonzalez knew his gun was loaded as events unfolded.

Gonzalez and his friends—Levi (the victim), Bailey Bishop (Levi's sister; Gonzalez' girlfriend), Jeff Swisher (Levi's step-brother), and Zachary Cashman— attended various New Year's Eve parties. At some point, the four men wanted to return to the first party and Gonzalez drove them. Cash... More...
   $0 (03-21-2018 - KS)

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AK Morlan
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