Deliberate Indifference Law
 
UNITED STATES OF AMERICA v. BRAYAN GOMEZ United States Court of Appeals 2nd Circuit

In March 2014, Hartford police detective James Campbell and 10
Drug Enforcement Administration (“DEA”) special agent Michael 11
Schatz––members of a DEA task force––were investigating a large‐12
scale  heroin‐trafficking  organization  operating  out  of  Hartford.
Based  on  information  from  a  wiretap  and  cooperating  sources, 1
Campbell and Schatz suspect... More...
   $0 (12-30-2017 - CT)

STATE OF NEW MEXICO v. ALEJANDRO RAMIREZ New Mexico Supreme Court affirms convictions in murder case

Vialpando was shot nine times while sitting in a vehicle with his spouse and
3 three children and died from the injuries he sustained. The State charged Ramirez
4 with one count of first-degree murder, NMSA 1978, § 30-2-1(A)(1) (1994); one count
5 of conspiracy to commit first-degree murder, NMSA 1978, § 30-28-2 (1979), § 30-2
6 1(A)(1); one count of shooting at or from a motor ve... More...
   $0 (12-30-2017 - )

DONALD DEAN FOLTZ, JR. v. THE STATE OF WYOMING Foltz found guilty

In the fall of 2014, Mr. Foltz moved into the home of his girlfriend, Amanda Russell, and her two children. On December 22, 2014, Ms. Russell took her two-year-old son, BB, to a pediatrician, Dr. Fall, with concerns that BB had been vomiting, complaining of leg pain, and that he was bruising easily. After an examination and receiving the results of blood work, Dr. Fall concluded that BB’s injur... More...   $0 (12-30-2017 - WY)

UNITED STATES OF AMERICA v. JEAN TONY VALBRUN United States Court of Appeals for the First Circuit.

This case is one of several arising out of the activities
of a sprawling drug-distribution ring operating in Maine. As such,
it implicates one of many spokes radiating from the hub of a
conspiratorial wheel. We briefly rehearse the relevant facts and
travel of the case, directing readers who hunger for more exegetic
details about the drug-distribution ring to consult our... More...
   $0 (12-30-2017 - MA)

STATE OF KANSAS v. STEVEN PETERMAN

In September 2001, when Peterman was 43 years old, he told a woman that he was interested in making money by publishing sexually explicit photographs of children on the Internet; he wanted to locate young girls to photograph; and he was particularly interested in runaways because nobody cared about them. Later that same month, Peterman called the same woman to see if she was interested in particip... More...   $0 (12-29-2017 - KS)

Rodger Hartnett v. San Diego County Office of Education

Appellants and defendants San Diego County Office of Education (Office) and
Randolph E. Ward appeal from a judgment in favor of plaintiff and respondent Rodger
Hartnett reinstating his employment and awarding him $306,954.99 in back pay, benefits,
and prejudgment interest. Defendants contend (1) collateral estoppel precluded the trial
court from granting Hartnett's requested relief... More...
   $0 (12-29-2017 - CA)

In the Interest of E. C. A. and A. A. G., children v. Department of Family and Protective Services

In this accelerated appeal, appellant, J.I.A. (“Mother”), challenges the trial court’s decree terminating her parental rights to her minor children, E.C.A. and A.A.G. In six issues, Mother argues that the evidence was legally and factually insufficient to support (1) the termination of her rights under Texas Family Code section 161.001(b)(1)(D); (2) the termination of her rights under Texas Family... More...   $0 (12-28-2017 - TX)

United States of America v. Evan Greebel Second Circuit Court of Appeals - New York, New York

Brooklyn, NY - New York Attorney Convicted Of Securities Fraud And Wire Fraud Conspiracies

Evan Greebel Conspired with Hedge Fund Manager Martin Shkreli to Steal Millions of Dollars from a Biopharmaceutical Company and Conceal the Scheme.

Evan Greebel, a former partner at the New York office of Katten Muchin Rosenman LLP who served as outside counsel to Retrophin Inc., a biopharm... More...
   $0 (12-28-2017 - NY)

STATE OF LOUISIANA Vs. ANTHONY BAUMAN State of Louisiana Court of Appeal, Fourth Circuit

By bill of information dated December 1, 2015, the defendant was charged
with one count of purse snatching, a violation of La. R.S. 14:65.1.1 The defendant
pled not guilty to the charges and proceeded to a jury trial on June 1, 2016. On the
day of trial, the defendant filed numerous motions, including a motion for a twelve
person jury and a motion for the court to instruct th... More...
   $0 (12-26-2017 - LA)

STATE OF LOUISIANA V. EARL KEITH HARRIS Louisiana Fifth Circuit Court of Appeal

On December 4, 2015, the Jefferson Parish District Attorney filed a bill of
information charging Defendant with one count of aggravated second degree
battery, in violation of La. R.S. 14:34.7. Defendant pleaded not guilty at his
arraignment on December 7, 2015. Trial commenced on August 24, 2016, before a
six-person jury. However, the next day during trial, the trial court g... More...
   $0 (12-26-2017 - LA)

Todd M. Babin v. Quality Energy Services, Inc. Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Todd M. Babin worked for Quality Energy Services, Inc., until he became disabled in 2012. He applied for short-term disability benefits through Quality Energy’s employee benefit plan. His application was denied in February 2013. In February 2014, he requested documents regarding both the short- and long-term disability plans, but he alleges that Quality Energy never sent those documents to him. Ba... More...   $0 (12-25-2017 - LA)

State of Hawaii v. Donald J. Trump Ninth Circuit Court of Appeals Courthouse - San Francisco, California

For the third time, we are called upon to assess the legality of the President’s efforts to bar over 150 million nationals of six designated countries1 from entering the United States or being issued immigrant visas that they would ordinarily be qualified to receive. To do so, we must consider the statutory and constitutional limits of the President’s power to curtail entry of foreign nationals in... More...   $0 (12-22-2017 - HI)

United States of America v. Jean Oscar, a/ki/a ZB, Hypico Beaulieu, a/k/a Pico, a/k/a Dred Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Defendant Hypico Beaulieu appeals his six criminal convictions and his sentence, all related to drug trafficking and the illegal possession of firearms. Co-defendant Jean Oscar appeals his two convictions for being a convicted felon in possession of a firearm on two different dates. Their appeals present five issues, implicating the lengthy investigation that led to their arrests and their joint c... More...   $0 (12-22-2017 - FL)

In the Interest of J. S. B. v. Department of Family and Protective Services

In this accelerated appeal,2 appellant, L.S.B., challenges the trial court’s orders, entered after a bench trial, terminating her parental rights to her minor children, D.M.W., J.S.B., and E.L.B. (collectively, “the children”).3 In five issues, L.S.B. contends that the evidence is legally and factually insufficient to support the trial court’s findings that she engaged, or knowingly placed the chi... More...   $0 (12-21-2017 - TX)

United States of America v. Jolon Devon Carthorne, Sr. Fourth Circuit Court of Appeals - Richmond, Virginia

In this appeal, we consider the district court’s dismissal of a motion for post-conviction relief under 28 U.S.C. § 2255. We decide whether our decision on direct appeal, that a sentencing court did not plainly err in designating a defendant as a “career offender,” requires a conclusion on collateral review that trial counsel did not render ineffective assistance by failing to object to that desig... More...   $0 (12-21-2017 - NC)

JOEL LEBRON vs. STATE OF FLORIDA

On Saturday, April 27, 2002, Ana Maria Angel and Nelson Portobanco, both
high school students, decided to go for a walk on the beach in Miami Beach after a
dinner date. After walking along the beach for a while, the couple decided to
return to their vehicle. By this time, Lebron and his four codefendants (Cesar

1. We have juri... More...
   $0 (12-21-2017 - FL)

UNITED STATES OF AMERICA v. JAMES MICHAEL WELLS United States Court of Appeals for the Ninth Circuit

Wells’ convictions arise out of the deaths of Richard W. Belisle and James A. Hopkins, federal employees and Wells’ co-workers at the United States Coast Guard (“USCG”) antenna maintenance facility, located at the USCG Communication Station (“COMMSTA”) on Kodiak Island, Alaska. COMMSTA consists of two main buildings: a large operations center, known as T1; and the antenna maintenance facility, or ... More...   $0 (12-21-2017 - AK)

United States of America v. Charles Familetti, Jr. a/k/a Charles Familetti Second Circuit Court of Appeals - New York, New York

Charles Familetti, a former financial executive at HSBC Holdings plc, was
a target of an undercover investigation into child pornography and sex crimes on
the internet. An FBI sting operation culminated in a lawful search of the
appellant’s apartment during which (Familetti contends) statements were elicited
in violation of the Fifth Amendment. Familetti challenges his conviction o... More...
   $0 (12-20-2017 - NY)

UNITED STATES OF AMERICA v. CHARLES FAMILETTI, JR., AKA CHARLES FAMILETTI Bank exec found guilty of trying to pay for sex with 11-year-old boy, hoarding child porn

Familetti participated in chat sessions, using a pseudonym, on an online  service called GigaTribe.  In June 2013, Special Agent Thomas Thompson  engaged Familetti in a chat during which Familetti sent child pornography  videos to Thompson and expressed interest in a sexual experience with a minor.   Thompson offered to arrange an encounter with an eleven‐year‐old.  Special 
  3 <... More...
   $0 (12-20-2017 - )

United States of America v. James Michael Wells District of Alaska Federal Courthouse - Anchorage, Alaska

Defendant-Appellant James Michael Wells (“Wells”) appeals from his jury trial convictions for two counts of First Degree Murder, in violation of 18 U.S.C. § 1111(a), (b); two counts of Murder of a Federal Employee, in violation of 18 U.S.C. §§ 1114, 1111; and two counts of Use of a Firearm in Relation to a Crime of Violence Resulting in Death, in violation of 18 U.S.C. § 924 (c), (j). Wells was se... More...   $0 (12-20-2017 - AK)

Janie Meza v. The State of Texas Cadena Reeves Justice Center - San Antonio Court of Appeals

Sometime after 11:00 p.m., Walter Ortiz Gonzalez, an employee of the InTown Suites
hotel, received a telephone call from a guest, who was concerned about a “little girl” running
around in the building. Upon investigation, Mr. Gonzalez saw a little girl running around in the
building and climbing on the third floor balcony. Mr. Gonzalez stated he did not see an adult with
the ... More...
   $0 (12-17-2017 - TX)

STATE OF KANSAS v. DUSTIN BRIAN HILT Case Video Click Below

Hilt's 2010 jury convictions of first-degree premeditated murder, aggravated kidnapping, and aggravated robbery arose out of the violent death of his former girlfriend, Keighley Alyea. In State v. Hilt, 299 Kan. 176, 322 P.3d 367 (2014), this court affirmed Hilt's convictions and his grid sentences but vacated his hard 50 life sentence because it was based on fact-finding by a judge, a predicate p... More...   $0 (12-15-2017 - KS)

Rodger Hartnett v. San Diego County Office of Education

Appellants and defendants San Diego County Office of Education (Office) and
Randolph E. Ward appeal from a judgment in favor of plaintiff and respondent Rodger
Hartnett reinstating his employment and awarding him $306,954.99 in back pay, benefits,
and prejudgment interest. Defendants contend (1) collateral estoppel precluded the trial
court from granting Hartnett's requested relief... More...
   $0 (12-15-2017 - CA)

Albert Anderson v. Deputy M. Kingsley, Deputy Sheriff of Gloucester County, Deputy Stewart, Deputy Sheriff of Gloucester County Fourth Circuit Court of Appeals - Richmond, Virginia

The question presented in this appeal is whether the district court properly instructed the jury on the definition of “deliberate indifference,” as required for proving that prison officials are liable under the Eighth Amendment for failing to protect an inmate from a fellow inmate’s assault.
After Albert Anderson was assaulted by a fellow inmate in Gloucester County Jail in Virginia, sustaini... More...
   $0 (12-14-2017 - VA)

Daniel Lucas Brooks v. The State of Texas

David Herron and Appellant attended middle and high school together. Herron graduated
from the University of North Texas with a degree in creative writing. He went through several
stints in treatment centers and rehabilitation facilities for heroin addiction. Herron and Appellant
re-connected via Facebook in late 2012. Herron’s Facebook page referenced violent rap music
lyr... More...
   $0 (12-14-2017 - TX)

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