Deliberate Indifference Law
 
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)

Equal Employment Opportunity Commission and Contrice Travis v. Exel, Inc. Northern District of Georgia Federal Courthouse - Atlanta, Georgia

A jury awarded the Equal Employment Opportunity Commission (the “EEOC”) and Contrice Travis back pay, compensatory damages, and punitive damages after finding that Travis’s employer, Exel, Inc., discriminated against her because of her sex. The discrimination occurred when Dave Harris, Travis’s supervisor, denied her a promotion in favor of Michael Pooler, a male employee. After the verdict, Exel ... More...   $0 (03-21-2018 - GA)

George Allison v. Centins Federal Credit Union District of Nebraska Federal Courthouse - Omaha, Nebraska

A group of investors appeals after the district court1 affirmed the bankruptcy
court’s finding that funds the investors transferred to Tri-State Financial, LLC (TSF)
are part of TSF’s Chapter 7 bankruptcy estate. We affirm.
I. Background
After Tri-State Ethanol (TSE) filed for Chapter 11 bankruptcy protection, a
group of investors (Omaha Group) formed TSF, a shell corporation d... More...
   $0 (03-19-2018 - NE)

STATE OF NEW MEXICO v. NOE TORRES

In the early hours of September 15, 2005, nine shots were fired through a
3 bedroom window of an apartment in Clovis, killing ten-year-old Carlos Perez. Carlos
4 had been sleeping in the bedroom he shared with his older brother, the intended
5 victim, seventeen-year-old Ruben Perez.
6 {4} That night there were two distinct groups of actors involved in the shooting:
7 one group... More...
   $0 (03-17-2018 - NM)

Nickolas Lee Sharp v. Kelly Lynn Whitworth Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Oklahoma City, OK - Nickolas Lee Sharp sued Kelly Lynn Whitworth on an auto negligence theory.

Issue # 1. Issue: AUTO NEGLIGENCE (AUTONEG)
Filed By: Sharp, Nickolas Lee
Filed Date: 09/04/2013
Party Name Disposition Information
Plaintiff: Sharp, Nickolas Lee Disposed: JUDGEMENT FOR PLAINTIFF, 03/23/2016. Jury Trial
Defendant: Whitworth, Kelly Lynn Disposed: JUD... More...
   $20000 (03-15-2018 - OK)

Roxanne Adams v. Naphcare, Inc., et al. Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

This case arises from the events surrounding the death of Jamycheal Mitchell. His personal representative, Roxanne Adams, brought this action on his behalf, asserting claims under 42 U.S.C. § 1983 and state law against Debra K. Ferguson and forty-nine other defendants. Ferguson moved to dismiss all claims against her; the district court denied the motion. Ferguson appeals. For the reasons that fol... More...   $0 (03-14-2018 - VA)

Tylon C. Outlaw v. City of Hartford District of Connecticut Federal Courthouse - Hartford, Connecticut

1 Appeal by plaintiff from so much of a judgment of the United States
2 District Court for the District of Connecticut, Geoffrey W. Crawford, Judge, as granted
3 summary judgment dismissing his claims against defendant City of Hartford (the
4 "City"), brought principally under 42 U.S.C. § 1983, for failing to supervise its police
5 officers with respect to appropriate use of force;... More...
   $0 (03-13-2018 - CT)

United States of America v. Thung Van Huynh Middle District of Pennsylvania Federal Courthouse - Scranton, Pennsylvania

Thung Van Huynh pleaded guilty in the United States District Court for the Middle District of Pennsylvania to conspiracy to commit bank and wire fraud. The District Court sentenced Huynh to 70 months’ imprisonment in part based on its findings that he was subject to sentencing enhancements for being an organizer or leader of the conspiracy and for relocating the conspiracy to evade detection by th... More...   $0 (03-13-2018 - PA)

Pauline Burkhart v. R.J. Reynolds Tobacco Company Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This appeal, brought by three tobacco companies (“Appellants”), challenges on multiple grounds the judgment entered against them and in favor of Pauline Burkhart for compensatory and punitive damages. The judgment was awarded after a bifurcated, ten-day trial in which the jury found in Burkhart’s favor on her claims of negligence, strict liability, fraudulent concealment, and civil conspiracy. Thi... More...   $0 (03-12-2018 - FL)

Edward Lewis Tobinick, M.D. v. M.D. Seven Novella, et al. Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Dr. Edward Tobinick appeals the District Court’s award of attorney’s fees to Dr. Steven Novella. Dr. Tobinick argues both that the District Court’s decision to award attorney’s fees and the amount of fees it awarded were made in error. This case presents an issue of first impression for our circuit. That is, whether the “exceptional case” standard for awarding attorney’s fees in Patent Act cases, ... More...   $0 (03-12-2018 - FL)

Kenneth Jerome Dawson v. Board of County Commissioners of Jefferson County, et al. District of Colorado Federal Courthouse - Denver, Colorado

Kenneth Jerome Dawson appeals the dismissal of his action brought pursuant
to 42 U.S.C. § 1983 in which he asserts a violation of his Fourteenth Amendment
substantive due process rights. Dawson challenges the official policies of the
Jefferson County Jail. Due to the timing of Dawson’s detention, the timing of his
posting of bond, and the court-ordered release condition that Dawson... More...
   $0 (03-10-2018 - CO)

Ming Dai v. Jefferson B. Sessiona III Northern District of California Federal Courthouse - San Francisco

Ming Dai is a citizen of China. He testified that he was
beaten, arrested, jailed, and denied food, water, sleep, and
medical care because he tried to stop the police from forcing
his wife to have an abortion. The Board of Immigration
Appeals (BIA) nevertheless found that Dai was not eligible
for asylum or withholding of removal.
There is one clear and simple issue in this ... More...
   $0 (03-09-2018 - CA)

James Webb v. Solarcity Corporation; Lyndon R. Rive; Robert K. Kelly Northern District of California Federal Courthouse - San Francisco

Plaintiff-Appellant James Webb brought this class action
lawsuit against Defendants-Appellees SolarCity
Corporation (SolarCity or the company), Lyndon R. Rive,
and Robert D. Kelly on behalf of the class of plaintiffs who
bought SolarCity shares between December 12, 2012—the
date of the company’s initial public offering (IPO)—and
March 18, 2014 (the Class Period). Webb claim... More...
   $0 (03-08-2018 - CA)

Kerrie Gene Mick v. Wes Raines, et al. Western District of Missouri Federal Courthouse - St. Joseph, Missouri

Plaintiff Kerrie Gene Mick appeals the judgment of the district court.2 Three orders are before us on appeal. The first granted the motion to dismiss filed by Defendants Porter Hensen, Wade Wilken, Larry King, and Charlie Dawson and the motion to dismiss filed by Defendants Bob Gray, Harold Allison, Randy Simms, Ben Becerra, and Wes Raines. The second granted the motion for summary judgment filed ... More...   $0 (03-08-2018 - MO)

Ellen Keates; A.K., a minor, through her parent and guardian Ellen Keates v. Michael Koile, et al. Northern District of California Federal Courthouse - San Francisco

Ellen Keates and her minor child, A.K., appeal the
dismissal of their claims against Michael Koile and other
officers and employees of what was then the Child Protective
Services (CPS) division of the Arizona Department of
KEATES V. KOILE 5
Economic Security (ADES), which allege (among other
things) violations of Keates’s and A.K.’s constitutional rights
to familial ass... More...
   $0 (03-06-2018 - CA)

Travis Sakai v. Massco Investments, LLC

Travis Sakai (Sakai) sued Massco Investments, LLC,
(Massco) for negligence and premises liability after he was
struck and then dragged by a vehicle exiting Massco’s
parking lot. The trial court granted summary judgment to
Massco on the ground that there was “no foreseeability and
no duty.” On appeal, Sakai argues that the trial court erred
because the accident was reasonabl... More...
   $0 (03-05-2018 - CA)

Walter Shuker; Vivian Shuker v. Smith & Nephew, P.L.C.; Smith & Nephew, Inc. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

With the Medical Device Amendments of 1976, Congress added comprehensive medical device approval processes to the Federal Food, Drug, and Cosmetic Act, prescribing tiers of federal requirements for certain devices corresponding to the device’s inherent risk level. In exchange for compliance with the strictest federal mandates, Congress afforded manufacturers express preemption from state laws impo... More...   $0 (03-02-2018 - PA)

James Horton v. Frank Pobjecky, Gary Caruana and Winnebago County Northern District of Illinois Federal Courthouse - Rockford, Illinois

Sixteen‐year‐old Michael
DeAngelo Sago, Jr., and three other young men attempted to
rob a pizzeria at gunpoint. Frank Pobjecky, an off‐duty police
2 No. 17‐1757
officer waiting for a pizza, shot and killed Michael.1 James
Horton, as administrator of Michael’s estate, brought various
federal and state claims against Pobjecky and others. The
distri... More...
   $0 (02-27-2018 - IL)

Roland G. Hill and Mary R. Hill v. Edward Walsh District of Massachusetts Federal Courthouse - Boston, Massachusetts

In this opinion, we bring our
circuit law into conformity with the Supreme Court's precedent on
the emergency aid exception to the Fourth Amendment requirement
that a warrant be obtained before police entry into homes. We
explain below.
On March 3, 2015, Matthew Hill, age 28, overdosed and
was taken to Morton Hospital in Taunton, Massachusetts. The next
day, several Tau... More...
   $0 (02-27-2018 - MA)

Ralph Janvey v. Peter Romero District of Maryland Federal Courthouse - Baltimore, Maryland

Appellee Peter Romero filed a Chapter 7 bankruptcy petition after he was found liable for $1.275 million to the victims of a multibillion-dollar Ponzi scheme. Appellant Ralph Janvey, the receiver in the Ponzi scheme litigation, moved to dismiss Romero’s bankruptcy petition for cause under 11 U.S.C. § 707(a). The bankruptcy court denied the motion, and the district court affirmed the bankruptcy cou... More...   $0 (02-24-2018 - MD)

Mitchell Wall v. Dr. Brian Bushman Middle District of Pennsylvania Federal Courthouse - Scranton, Pennsylvania

Scranton, PA - _ Jury Rules In Favor Of Prison Physician On Eighth Amendment Claim By Federal Prisoner

On February 21, 2018, a jury returned a verdict in favor of a prison physician rejecting a prisoner’s claim that his Constitutional rights were violated. The two-day jury trial was held before United States District Court Judge Malachy E. Mannion.

According to United States At... More...
   $0 (02-23-2018 - PA)

United States of America v. Gabriel Werdene Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This case arises from the Federal Bureau of
Investigation’s (FBI) investigation into Playpen, a global
online forum that existed on the dark web1 and that was
1 “The dark web is a private global computer network
that enables users to conduct anonymous transactions without
revealing any trace of their location.” Ahmed
Ghappour, Searching Places Unknown: Law Enforcement
3... More...
   $0 (02-23-2018 - PA)

Delane Hurley v. California Department of Parks and Recreation

Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for
publication with the exception of parts I, III, and V through VII.

Plaintiff Delane Hurley appeals a judgment in her action against defendants
California Department of Parks and Recreation (DPR) and Leda Seals (together
Defendants) that alleged, inter alia, causes of action for sexual orientation... More...
   $0 (02-22-2018 - CA)

United States of America v. DAniel Colby, Jr.

Following a two-day jury trial,
Defendant Daniel Colby, Jr. was convicted of a single count of
possession of a firearm by a prohibited person in violation of 18
U.S.C. § 922(g)(1). In calculating Colby's sentence, the district
court applied a two-level enhancement for possession of a stolen
gun, a four-level enhancement for using a gun in connection with
another felony, and... More...
   $0 (02-22-2018 - ME)

Kenton L. Crowley; John A. Flores v. EpiCept Corporation Southern District of California Federal Courthouse - San Diego, California

This appeal follows the trial on Drs. Crowley and Flores’s
(the Doctors) claims against EpiCept Corporation (EpiCept)
for breach of contract, breach of the implied covenant of good
faith and fair dealing, and fraud. The Doctors’ claims arise
from their assignment to EpiCept of two patents for a non-
FDA approved drug (referred to as “NP-2”) and EpiCept’s
failure to develop ... More...
   $0 (02-19-2018 - CA)

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