Deliberate Indifference Law
 
Coletta Kim Benell v. The National Labor Relations Board and Babcock & Wilcox Construction Co., Inc. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

The central issue on appeal is whether the National
Labor Relations Board (the “NLRB” or “Board”) properly
determined that a new standard for deferring to arbitral
decisions, which was developed by the Board in the
underlying case, should only be applied prospectively. As a
result of the prospective application of the new standard,
Petitioner Coletta Kim Beneli’s unfair lab... More...
   $0 (10-17-2017 - CA)

In re T.F., a Person Coming Under the Juvenile Court Law, The People v. T.F.

In this appeal, we review the prosecution of an adolescent for committing a lewd
act when he was 13 years old. T.F., who was a minor at all times relevant to the case,
appeals from the juvenile court’s jurisdiction and disposition orders issued in a wardship
proceeding under Welfare and Institutions Code section 602. Prior to and again at the
jurisdictional hearing, defense counsel... More...
   $0 (10-17-2017 - CA)

United States of America v. Byron Jones, Deloyd Jones and Sidney Patterson Fifth Circuit Court of Appeals - New Orleans, Louisiana

Byron Jones (“Byron”), Deloyd Jones (“Deloyd”), and Sidney Patterson
appeal their convictions of numerous felonies related to their membership in a
group called Ride or Die (“ROD”). They challenge the sufficiency of the evidence
and the admission of certain evidence, the refusal to adopt proposed jury
instructions, and application of the sentencing guidelines. We affirm, except
... More...
   $0 (10-14-2017 - LA)

Jay Baska v. Rebecca McGuire Harris County Courthouse - Houston, Texas

Appellant, Jay Baska, challenges the trial court’s judgment in favor of appellee, Rebecca McGuire, in her suit against Baska for breach of contract and fraud. In his first through third issues, Baska contends that the statute of frauds1 bars
1 See TEX. BUS. & COM. CODE ANN. § 26.01 (West 2015).
2
McGuire’s breach-of-contract claim and, if sustained, he is entitled to a remand for
r... More...
   $0 (10-12-2017 - TX)

State of Wisconsin v. Darrick Anderson Dane County Courthouse - Madison, Wisconsin

Madison, WI - Jury Rejects Insanity Defense In Stabbing Homicide Case

The State of Wisconsin charged Darrick Anderson, age 24, with first-degree intentional homicide for stabbing Andrew Nesbitt, age 46, to death in Nesbitt's apartment on March 27, 2017.

Defendant's attorney produced evidence that he had long suffered from delusions and paranoia. Defendant's expert witness psycho... More...
   $0 (10-12-2017 - WI)

Darren Williams v. The Superior Court of San Joaquin County, The People, Real Party in Interest

Petitioner Darren Williams seeks extraordinary writ relief from the superior
court’s order denying his Penal Code section 9951 motion to dismiss an indictment issued
by a grand jury charging him with a series of cell phone store robberies. Petitioner
moved to dismiss the indictment on the basis that the deputy district attorney’s excusal of
a juror for hardship violated the grand j... More...
   $0 (10-12-2017 - CA)

Jose Flores; Ryan Reyes; Brian Perez v. City of Westminster, et al. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Jose Flores, Ryan Reyes, and Brian Perez, three police officers of Latino descent (collectively, “Plaintiffs”), sued their employer and, after a nine-day jury trial, they won. The officers alleged that the City of Westminster (“the City” or “the Department”) as well as current and former Westminster Police Chiefs Mitchell Waller, Andrew Hall, Ronald Coopman, and Kevin Baker (“the Chiefs”), discrim... More...   $0 (10-11-2017 - CA)

Charles Brooks v. Calatlantic Homes of Texas, Inc., f/k/a Standard Pacific of Texas, Inc. and Standard Pacific Corp.

Charles Brooks appeals a summary judgment granted in favor of appellees based on a statute of repose. Under the statute, certain suits against persons who construct an improvement to real property must be brought within ten years after the construction of the improvement. TEX. CIV. PRAC. & REM. CODE ANN. § 16.009 (West 2002). The issue presented in this appeal is whether the statute of repose bars... More...   $0 (10-09-2017 - TX)

Braulio Alvarado-Gutierrez v. The State of Texas

A jury found appellant, Braulio Alvarado-Gutierrez, guilty of two offenses of aggravated sexual assault of a child1 and assessed his punishment at forty years’
1 See TEX. PENAL CODE ANN. § 22.021 (West Supp. 2016).
2
confinement for each offense, to be served concurrently. In two issues, appellant contends that the trial court erred in admitting his recorded statement because he did no... More...
   $0 (10-06-2017 - TX)

Quentin Scott v. City of Albuquerque Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

A New Mexico statute makes it illegal to “willfully interfere with the
educational process” at a public school. N.M. STAT. ANN. § 30-20-13(D). In
2009, an Albuquerque Police Officer assigned to a middle school as a School
Resource Officer (“SRO”) relied on that statute to arrest a thirteen-year-old for
skipping class. The main question before us is whether qualified immunity
* ... More...
   $0 (10-05-2017 - NM)

P. M. and I. F. v. Texas Department of Family and Protective Services Comal County Courthouse - New Braunfels, Texas

Appellants P.M. and I.F. appeal from the district court’s order terminating their
parental rights.1 We affirm the district court’s order.
Procedural Background
P.M. is the mother of “Jenny,” born in November 2010, “Jack,” born in March 2012,
and “Jill,” born in March 2014. I.F. is the father of Jenny and Jack. Jill’s father, “Victor,” is not a
party to this appeal. In September... More...
   $0 (10-05-2017 - TX)

United States of America v. Elechi N. Oti; Theodore E. Okechuku; Kelvin L. Rutledge; Emmanuel C. Iwuoha Fifth Circuit Court of Appeals - New Orleans, Louisiana

After a two-week jury trial, Defendant-Appellants Theodore Okechuku, Elechi Oti, Emmanuel Iwuoha, and Kevin Rutledge were convicted of conspiring to unlawfully distribute hydrocodone outside the scope of professional practice and without a legitimate medical purpose as part of an alleged pill mill. Okechuku was also convicted of two additional firearm counts—using, carrying, and brandishing a fire... More...   $0 (10-05-2017 - TX)

Jennifer S. v. The Superior Court of San Francisco County, San Francisco Human Services Agency

In this consolidated writ proceeding, Jennifer S. (mother) and Kenneth S.
(father) seek extraordinary relief from the juvenile court order denying them both
reunification services with respect to their infant daughter, K.S. (born January 2017), and
setting a permanency planning hearing pursuant to section 366.26 of the Welfare and
Institutions Code.1
At the June 2017 dispositi... More...
   $0 (10-04-2017 - CA)

Michael Souryavong v. Lackawanna County Middle District of Pennsylvania Federal Courthouse - Scranton, Pennsylvania

In November of 2011 Sheldon Mann, a football player for the Palmerton Area School District, experienced a hard hit during a practice session. While some players thought that Sheldon may have been exhibiting concussion-like symptoms, he was sent back into the practice session by his Coach, Appellee Chris Walkowiak. After being returned to practice, Sheldon suffered another violent collision and was... More...   $0 (10-03-2017 - PA)

Nam Dang v. Sheriff, Seminole County, Florida Middle District of Florida Federal Courthouse - Tampa, Florida

Nam Dang’s health deteriorated while he was a pretrial detainee in the John E. Polk Correctional Facility (the “Jail”). Ultimately, Dang was diagnosed with meningitis, which caused him to suffer multiple strokes resulting in permanent injuries. Dang alleges § 1983 liability against several health care providers for providing inadequate medical care while Dang was in Jail and Seminole County Sherif... More...   $0 (10-01-2017 - FL)

Doris Racher v. Westlake Nursing Home Limited Partnership, d/b/a Quail CReek Nursing and Rehabilitation Center Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Eryetha Mayberry was abused by two certified nursing assistants while in
the care of Quail Creek Nursing Home, operated by Westlake Nursing Home
Limited Partnership and Westlake Management Company (collectively “Quail
Creek” or “Westlake”). Mrs. Mayberry’s three daughters (collectively
“plaintiffs”) filed this diversity action against Westlake under Oklahoma law for
negligence,... More...
   $0 (09-30-2017 - OK)

Janell Howard v. City of Coos Bay Ninth Circuit Court of Appeals Courthouse - San Francisco, California

We must decide whether the former employee of a City in Oregon may prevail on allegations that it violated the First Amendment and state law by refusing to rehire her.
I
A
Janell Howard served as the Finance Director for the City of Coos Bay (“City”) from 1998 through 2008. On September 16, 2008, after an investigation into whether Howard had shoplifted from Wal-Mart (from which no cha... More...
   $0 (09-29-2017 - OR)

Estate of Jeffrey H. Ware v. Hospital of the University of Pennsylvania, et al. Federal Courthouse - Philadelphia, Pennsylvania

Barbara Boyer, the widow of a cancer researcher who developed a fatal tumor allegedly as a result of inadequate safety precautions taken to protect him from radiation in his lab, sued the University of Pennsylvania together with affiliated persons and entities.1 Before us is the reach of the Price-Anderson Act, see 42 U.S.C. § 2011, et seq., and its remedy-limiting provisions. The Act gives federa... More...   $0 (09-25-2017 - PA)

Miguel Rojas and Lourdes Rojas v. CitiMortgage, Inc.

The trial court granted summary judgment in favor of appellee Citimortgage, Inc. (Citi) and ordered judicial foreclosure of a house owned by appellants Miguel Rojas and Lourdes Rojas. By one issue, which we construe as two, the Rojases argue that
2
summary judgment was erroneously granted because Citi’s foreclosure claim was barred by the statute of limitations and because the ruling confl... More...
   $0 (09-24-2017 - TX)

Midland Funding LLC v. Rosa Gonzales

Midland Funding LLC appeals the trial court’s denial of a motion for new
trial, which Midland Funding filed after the trial court entered a post-answer, default
judgment against it because it failed to appear at trial. Attached to Midland
Funding’s motion for new trial was the affidavit of Brian Staley, one of five attorneys
listed as counsel for Midland Funding on its petition. In... More...
   $0 (09-23-2017 - TX)

Linda S. Restrepo and Carlos E. Restrepo d/b/a Collectively RDI Global Services and R&D International v. Alliance Riggers & Constructors, LTD El Paso County Courthouse - El Paso, Texas

Appellants, Linda S. Restrepo and Carlos E. Restrepo d/b/a Collectively RDI Global Services and R & D International, appeal from a judgment awarding damages in the amount of $125,775 to Appellee, Alliance Riggers & Constructors, Ltd. (Alliance Riggers).1 We affirm.
FACTUAL SUMMARY
Alliance Riggers has been in operation since 1978, and its business includes crane service as well as pre-cast... More...
   $0 (09-23-2017 - TX)

United States of America v. Shayne Parker Federal Courthouse - Boston, Massachusetts

Sometime on or around March 22, 2014 — all dates here
are in that year, by the way — Shayne Parker committed two legal
no-nos: he possessed 50 rounds of 38-caliber ammo while being a
convicted felon, and he transported a SCCY Model CXP 9-mm pistol
into his state of residence without a license. Or so a federal
grand jury in Massachusetts alleged in an indictment charging him
... More...
   $0 (09-21-2017 - MA)

Sandra Slater v. United States Steel Corporation Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

When an individual files for bankruptcy, he must file sworn disclosures listing his debts and his assets, including any pending civil claims, and identifying any lawsuits he has filed against others. Occasionally, a plaintiff who has a pending civil lawsuit fails to list the claims or lawsuit in these disclosures. In omitting this information, the plaintiff effectively takes inconsistent positions... More...   $0 (09-18-2017 - AL)

Francis Michael Lynch v. Donna Falcon Lynch

Michael Lynch1 appeals from a final default divorce decree, dissolving his marriage to Donna Falcon Lynch. In 16 issues, Michael challenges the provisions in the divorce decree that divide the marital estate, award Donna appellate
1 Because the record indicates that Francis Michael Lynch prefers to use his middle name, Michael, we refer to him as Michael.
2
attorney’s fees, require Mic... More...
   $0 (09-15-2017 - TX)

Bruce Plante and Dennis Plante v. Ronald P. Long Supreme Court of Maine - Portland, Maine

[¶1] Bruce and Dennis Plante appeal from the entry of a summary
judgment in the Superior Court (York County, Douglas, J.) in favor of Ronald P.
Long on their defamation action. The court concluded that the Plantes failed
to make the necessary prima facie showing that Long acted with actual malice.
We affirm the judgment.
I. BACKGROUND
[¶2] The following facts are taken from... More...
   $0 (09-11-2017 - ME)

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