Deliberate Indifference Law |
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Kurt Stuhlmacher v. State of Indiana
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In November 2014, Stuhlmacher and Kelly Wood had been married for over
thirty years.6 Wood was employed, but Stuhlmacher was unemployed because
of back injuries and disabilities. He was dependent on his wife for most things.
[3] On November 17, 2014, Wood went to work. Stuhlmacher called her at
lunchtime and yelled at her and then sent her numerous texts until she left
... More... $0 (11-05-2017 - IN)
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Michael Anthony Jones v. State of Indiana
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In October 2016, Jones was dating and living with Dianne2 Lorenzo. On
October 23, 2016, Lorenzo called 911 and, while portions of the call are
unintelligible, a majority of the one minute, twenty-seven second exchange is
discernible:
Operator: 911, what’s the address and the emergency?
Lorenzo: [states address]
Operator: Okay, what’s going on?
Lorenzo: My h... More... $0 (11-05-2017 - IN)
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SJ Spero and Associates, P.C. v. Barbara Fain Davis and Lance Davis
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Appellant SJ Spero & Associates, P.C. (“Spero”) appeals from the trial court’s order setting aside a default judgment granted in favor of Spero and dismissing Spero’s claims against appellees Barbara Fain Davis and Lance Davis (together, “the Davises”). In its first issue, Spero argues the trial court erred in setting aside the default judgment because there was no finding that the Davises were no... More... $0 (11-05-2017 - TX)
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STATE OF MONTANA v. MICHAEL KEITH SPELL
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On January 7, 2012, Gary Arnold returned home after a morning walk and noticed
his wife, Sherry Arnold (Arnold) was not there.1 As she was an avid walker and jogger,
Gary assumed Arnold had gone out for a jog. Gary became concerned when Arnold did
not return home and went out to look for her. When Gary could not find Arnold, he
contacted family and local law enforcement. A ... More... $0 (11-03-2017 - MT)
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STATE OF NEW MEXICO v. JOHN ERIC OCHOA
SUPREME COURT OF THE STATE OF NEW MEXICO
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3 {1} The right to a speedy trial is guaranteed by the Sixth Amendment to the United
4 States Constitution and Article II, Section 14 of the New Mexico Constitution.
5 Defendant was arrested on May 12, 2008, and charged with a number of offenses
6 relating to criminal sexual contact of a minor. Prior to a mistrial on March 8, 2010,
7 trial was delayed for a number of reasons includ... More... $0 (11-03-2017 - NM)
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State of Vermont V Matthew Webster
Vermont Judiciary
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Defendant claims errors related to various stages of the proceedings, and the facts
common to all of his claims are as follows. During the afternoon of September 25, 2013, defendant
was involved in an argument with his then-wife over defendant’s continuing contact with another
woman, with whom he had been having an affair for about a year. Defendant’s wife had been
aware of t... More... $0 (11-03-2017 - )
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Curtis Giovanni Flowers a/k/a Curtis Flowers a/k/a Curtis G. Flowers v. State of Mississippi
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At approximately 9:00 on the morning of July 16, 1996, Bertha Tardy, the owner of
Tardy Furniture Store, called Sam Jones and asked him to come to the store to train two new
employees. When Jones arrived at the store a short time later, he discovered the bodies of
Bertha Tardy, Robert Golden, Carmen Rigby, and Derrick Stewart. All four victims had
been shot in the head; Stewart w... More... $0 (11-03-2017 - MS)
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Tammy Fernandez v. Raj Singh
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Tammy Fernandes successfully sued vexatious litigant Raj Singh and his wife
Kiran Rawat individually and as trustees of the Sita Ram--or “Sitaram”--Trust (Trust), for
wrongful eviction and related claims. She obtained an award of compensatory and
punitive damages, as well as costs and attorney fees. All defendants filed a joint notice of
2
appeal through counsel. While Rawat a... More... $0 (11-03-2017 - CA)
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State of Washington v. Kelly Eugene Small
Okanogan County Courthouse - Okanogan, Washington
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Kelly Small appeals from his Okanogan County convictions for
aggravated first degree murder, first degree rape, and first degree burglary, primarily
challenging the jury selection process and the sufficiency of the evidence of
premeditation. In the published portion of this opinion, we reject his public trial
argument. In the unpublished section, we affirm the convictions and reman... More... $0 (11-02-2017 - WA)
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United States of America v. Alex Levin
United States Court of Appeals For The First Circuit - Boston, Massachusetts
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Central to this case is the Federal Bureau of Investigation's ("FBI" or "government") use of
software that it terms a Network Investigative Technique ("NIT").
The FBI used the NIT pursuant to a warrant it obtained from a
magistrate judge in the Eastern District of Virginia (the "NIT
warrant"). The FBI installed the NIT on Playpen, a child
pornography website it had taken... More... $0 (10-31-2017 - MA)
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LARON EDWARD WILLIAMS V. STATE OF ARKANSAS
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Appellant Laron Williams and two accomplices, Craig Wade and James Gray, Jr.,
were charged with aggravated robbery and capital murder. Appellant was tried individually
by a Clark County jury, found guilty on both counts, and sentenced to a total term of life
imprisonment without the possibility of parole.1 For reversal, appellant contends that the
circuit court (1) erred in den... More... $0 (10-30-2017 - AR)
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Braulio Alvarado-Gutierrez v. The State of Texas
Texas First Court of Appeals - Houston
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The complainant, J.G., testified that, on September 20, 2014, when she was
thirteen years old, appellant, who was her mother’s boyfriend, instructed her to go
into her mother’s bedroom, and he followed behind her, pushing her with his hand.
Once in the bedroom, appellant picked up J.G. and put her on the bed. Appellant
then removed her shorts and panties, got on top of her, k... More... $0 (10-30-2017 - TX)
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STATE OF MONTANA v. KERSTYN JADE OLD BULL
SUPREME COURT OF THE STATE OF MONTANA
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On March 2, 2015, Old Bull and her boyfriend Clint Hogan took Hogan’s
unresponsive six-year-old daughter, K.H., to Hardin Hospital. K.H. was then transported
to Denver Children’s Hospital where she died from her injuries. When interviewed
separately, Hogan and Old Bull independently reported that K.H. was in good health
when Hogan left to go to the store, that she was unrespons... More... $0 (10-29-2017 - MT)
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JUSTIN TANNER KING V. THE STATE OF WYOMING
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On March 14, 2015, the Fremont County Sheriff’s Office received a report from Patricia Barrett that her ex-boyfriend, Mr. King, had assaulted her earlier that evening. Ms. Barrett reported that Mr. King became angry when he learned Ms. Barrett had been in a new relationship after she and Mr. King had separated. Ms. Barrett stated that Mr. King held a knife to her throat, struck her in the face w... More... $0 (10-28-2017 - WY)
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S.M. v. Lincoln County, Missouri
Eighth Circuit Courthouse - St. Louis, Missouri
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Plaintiffs S.M., L.M., K.W., and K.S. are former participants in the Adult Drug
Court of Missouri’s 45th Judicial Circuit (“Drug Court”), an alternative court
established to dispose of drug cases pursuant to Mo. Rev. Stat. §§ 478.001-.006.
Plaintiffs brought this 42 U.S.C. § 1983 damage action against Lincoln County and
other defendants, asserting that Scott Edwards, then a lieuten... More... $0 (10-28-2017 - MO)
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Kimberly Foltz v. Darryl Wayne Johnson
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Plaintiff and appellant Kimberly Foltz suffered a paralyzing
spinal injury after being thrown from her dirt bike during a ride with
her then fiancé, defendant and respondent Darryl Johnson. Foltz filed
an action alleging negligence against Johnson. Johnson successfully
moved for summary adjudication on the basis of primary assumption of
risk. Foltz concedes that primary assumpt... More... $0 (10-26-2017 - CA)
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The People of the State of New York v. Sean Garvin
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In this case, we are asked to overrule our prior
decisions holding that a warrantless arrest of a suspect in the
threshold of a residence is permissible under the Fourth
Amendment, provided that the suspect has voluntarily answered the
door and the police have not crossed the threshold. We decline
to do so, and now reaffirm our longstanding rule.
I.
Defendant was convic... More... $0 (10-24-2017 - NY)
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Amanda Sue Smith v. United States of America
Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia
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Amanda Sue Smith filed a three-count complaint against the United States under the Federal Tort Claims Act (FTCA) seeking damages arising from a soured business arrangement she entered into with an FBI confidential informant. The district court granted the United States’ motion to dismiss for failure to state a claim, finding that Smith’s claims had no basis under Georgia law and thus could not su... More... $0 (10-23-2017 - GA)
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Johnathan Jones v. Law Vegas Metropolitan Police Department
Ninth Circuit Court of Appeals Courthouse - San Francisco, California
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We consider whether police officers are entitled to
qualified immunity when they’re alleged to have caused the
death of a suspect by using tasers repeatedly and
simultaneously for an extended period.
BACKGROUND1
In the early morning of December 11, 2010, Officer Mark
Hatten of the Las Vegas Metropolitan Police Department
pulled over Anthony Jones for a routine traffic s... More... $0 (10-20-2017 - NV)
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Gisselle Morales-Simental, a Minor, etc. v. Genentech, Inc.
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I. INTRODUCTION
Plaintiffs and appellants Gisselle Morales-Simental, a minor, et al.1
appeal from
summary judgment granted in favor of defendant and respondent Genentech, Inc., one of
the defendants in this personal injury case. Morales-Simental alleges that she, with the
other named plaintiffs, suffered injuries and sustained damages as a result of the
negligence of d... More... $0 (10-20-2017 - CA)
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In the Interest of A.D.T., a Child
Carson County Courthouse - Panhandle, Texas
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This is an appeal from final orders terminating the parental rights of A.R.T. to R.B. and A.D.T. A.R.T questions the legal and factual sufficiency of the evidence underlying the trial court’s finding that termination was in the best interests of the children and warranted under § 161.001(b)(1)(E) of the Texas Family Code. We affirm.
Standard of Review
The pertinent standards of review are ... More... $0 (10-19-2017 - TX)
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In the Interest of R.B., a Child
Carson County Courthouse - Panhandle, Texas
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This is an appeal from final orders terminating the parental rights of A.R.T. to R.B. and A.D.T. A.R.T questions the legal and factual sufficiency of the evidence underlying the trial court’s finding that termination was in the best interests of the children and warranted under § 161.001(b)(1)(E) of the Texas Family Code. We affirm.
Standard of Review
The pertinent standards of review are ... More... $0 (10-19-2017 - TX)
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Kim Mikkelsen v. Public Utility District No. 1 of Kittitas County
Washington Supreme Court Building
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The Public Utility District No. 1 of Kittitas County
(district) fired Kim Mikkelsen after 27 years of service. Mikkelsen sued the district,
alleging that, among other things, her dismissal violated the Washington Law Against
Discrimination (WLAD), RCW 49.60.180. Specifically, Mikkelsen claims that
Charles Ward, the general manager, exhibited a bias against women and older
emplo... More... $0 (10-19-2017 - WA)
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David Ganek v. David Leibowitz, et al.
Second Circuit Court of Appeals - New York, New York
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In this Bivens action, plaintiff David Ganek, a co‐founding
partner of investment fund Level Global Investors (“LG”), sues the
named agents of the Federal Bureau of Investigation (“FBI”) and
federal prosecutors in the United States Attorney’s Office for the
Southern District of New York (“SDNY”) for alleged violations of
his Fourth and Fifth Amendment rights in procuring ... More... $0 (10-17-2017 - NY)
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David Ganek v. David Leibowitz, et al.
Second Circuit Court of Appeals - New York, New York
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In this Bivens action, plaintiff David Ganek, a co‐founding
partner of investment fund Level Global Investors (“LG”), sues the
named agents of the Federal Bureau of Investigation (“FBI”) and
federal prosecutors in the United States Attorney’s Office for the
Southern District of New York (“SDNY”) for alleged violations of
his Fourth and Fifth Amendment rights in procuring ... More... $0 (10-17-2017 - NY)
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