Deliberate Indifference Law
 
United States of America v. Damien Corbett Federal Courthouse - Portland, Maine

The defendant, Damien Corbett,
raises three issues in this appeal from his conviction of
conspiracy to distribute and possess with intent to distribute
oxycodone and oxymorphone. Corbett first argues that the
government's evidence was insufficient. Somewhat relatedly, he
contends that the district court committed plain error in its
response to a question from the jury. Fina... More...
   $0 (09-11-2017 - ME)

Plute Home Corporation v. American Safety Indemnity Company

In this insurance defense dispute, defendant and appellant American Safety
Indemnity Company (American Safety or ASIC) challenges a judgment after court trial
that awarded over $1.4 million in compensatory and punitive damages to plaintiff and
2
respondent Pulte Home Corporation (Pulte), who was the general contractor and
developer of two residential projects in the San Marcos... More...
   $0 (09-09-2017 - CA)

Gavin Lee Buck v. Jesus Barragan, a/k/a Chito, et al. Ninth Circuit Court of Appeals - San Francisco, California

Jesus Barragan, Pablo Franco, Francisco Gutierrez, and Hector Fernandez were convicted of conspiracy in violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”); Barragan was also convicted of drug crimes. They appeal their convictions and sentences. Although we find a portion of the prosecutor’s closing argument improper, we conclude that prejudice has not been shown
UNITE... More...
   $0 (09-09-2017 - ca)

Sara Myers, et al. v. Eric Schneiderman, et al. New York Court of Appeals Hall - Albany, New York

Plaintiffs ask us to declare a constitutional right to
"aid-in-dying," which they define (and we refer to herein) as the
right of a mentally competent and terminally ill person to obtain
a prescription for a lethal dosage of drugs from a physician, to
be taken at some point to cause death. Although New York has
long recognized a competent adult's right to forgo life-saving
... More...
   $0 (09-08-2017 - NY)

Jennifer Heglund v. City of Grand Rapids United States Court of Appeals for the Eighth Circuit - St. Louis, Missouri

Jennifer Heglund and her husband Jamie Heglund sued numerous Minnesota
cities and counties, state officials, and hundreds of John and Jane Does, alleging that
police officers had improperly accessed their private information in the State’s
driver’s license database. The Heglunds later amended their complaint to replace one
of the John Does with Frank Scherf, the former Grand Rapids... More...
   $0 (09-08-2017 - MN)

Roger Lee v. William Driscoll United States Court of Appeals for the Eighth Circuit - St. Louis, Missouri

Mary and Roger Lee sued Mathews Township, South Dakota, and three
members of the Township Board of Supervisors—William Driscoll, Greg Albrecht,
and William Albrecht (collectively, the individual defendants)—alleging claims
under 42 U.S.C. § 1983 and state law. The defendants moved for dismissal and
summary judgment, which the district court denied in part and granted in part. TheMore...
   $0 (09-07-2017 - SD)

Daniel J. Ratajczak, Jr., et al. v. Beazley Solutions Limited and Land O'Lakes Inc v. Packerland Whey Products Inc et al.

Between 2006 and 2012
Packerland Whey Products, Inc., deceived at least one of its
customers about the protein content of a product called
Whey Protein Concentrate. Whey, the watery part of milk
that remains after the removal of curds, is rich in protein.
Removing whey’s nonprotein components generates a concentrate
that can be used in other products. Land O’Lakes,
Inc.... More...
   $0 (09-07-2017 - )

Randall Mills v. Weakley Barnard Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

This suit involves three main questions: (1) whether plaintiff
Randall Mills sufficiently pleaded a claim for malicious prosecution under 42 U.S.C. § 1983;
(2) whether Mills sufficiently pleaded a claim for fabrication of evidence under § 1983; and
(3) whether Mills sufficiently pleaded a Brady claim. The district court found that Mills had not
so pleaded and granted defendant Shar... More...
   $0 (09-06-2017 - TN)

United States of America v. Adam D. Boylen Federal Courthouse - Cleveland, Ohio

Cleveland, OH - Stark County man sentenced to more than three years in prison for dumping wastewater in Tuscarawas River

A North Lawrence man was sentenced to more than three years in prison for dumping wastewater into tributaries of the Tuscarawas River.

Adam D. Boylen, 46, previously pleaded guilty to four counts of violating the Clean Water Act by making unpermitted discharges... More...
   $85358 (09-05-2017 - OH)

iLife Technologies Inc v. Nintendo of America, Inc.

Dallas, TX - iLife Technologies Inc sued Nintendo of America, Inc. on a patent infringement theory claiming that it infringed U.S. Patent No. 6,864,796 for a "system and mthods for evaluating movement of a body relative to an environment." The patent drawings showed a body-mounted motion detector that could detect falls in the elderly.

Nintendo denied that it infringed iLife's patent.
... More...
   $10100000 (09-02-2017 - TX)

Theresa L. Allocca v. York Insurance Company of Maine, et al.

[¶1] In January 2014, Timothy Austin Davison, who was known as Asti,
was fatally shot while operating a vehicle that an assailant, operating another
vehicle, had forced onto a median on an interstate highway. Asti’s parents,
Theresa L. Allocca and Timothy Allen Davison, filed this action in their
individual capacities, and Davison also filed as personal representative of the
Es... More...
   $0 (08-31-2017 - ME)

Alexandria Gregg v. State of Hawaii, Department of Public Safety Federal Courthouse - Honolulu, Hawaii

Alexandria Gregg learned she had psychological
disorders years after she underwent sexual shame therapy
sessions at a Hawaii correctional facility. Because Gregg
experienced feelings of embarrassment and humiliation
contemporaneously with her therapy sessions, the district
GREGG V. 4 STATE OF HAWAII DPS
court held her claims accrued on the last date that the sessions
oc... More...
   $0 (08-29-2017 - HI)

Marvin Ray Yates, et al. v. Bryan Collier, et al. Fifth Circuit Court of Appeals - New Orleans, Louisiana

This appeal presents yet another chapter in a long saga of challenges to conditions of confinement in prisons throughout this circuit. The plaintiffs are inmates in the Wallace Pack Unit, a prison operated by the Texas Department of Criminal Justice. They allege violations of the Eighth Amendment, the Americans with Disabilities Act, and the Rehabilitation Act due to the high temperatures in the p... More...   $0 (08-25-2017 - TX)

Mercury Casualty Company v. City of Pasadena

In 2011, a storm brought hurricane-force winds to the City
of Pasadena (City), uprooting more than 2,000 trees. One of
those trees fell on the home of Sarah and Christopher Dusseault,
causing severe property damage. Before it fell, the tree stood in a
parkway that abuts the Dusseaults’ property. Although the City
owned the tree, there is no record of who planted it.
In 2012... More...
   $0 (08-25-2017 - CA)

State of Maine v. Samantha Souther

[¶1] Samantha Souther appeals from a judgment of conviction of
operating under the influence (Class D), 29-A M.R.S. § 2411(1-A)(A) (2016),
entered by the trial court (Kennebec County, Fowle, J.) following a jury trial.
Souther contends that the court abused its discretion in its pretrial ruling
excluding her proposed expert testimony as to her peak blood alcohol
concentration a... More...
   $0 (08-22-2017 - ME)

Jessica Parker Valentine and Bryan L. Parker v. Interactive Brokers LLC

Appellants, Jessica Parker Valentine and Bryan L. Parker (the “Parkers”), challenge the trial court’s order granting the motion of appellee, Interactive Brokers LLC (“IB”), to vacate an arbitration award. In two issues, the Parkers contend that the trial court erred in vacating the award.
2
We affirm.
Background
In their Second Amended Statement of Claim, the Parkers, pursuant to t... More...
   $0 (08-22-2017 - TX)

In Re: Raymond Tibbetts

Petitioner Raymond Tibbetts filed a petition for a writ of habeas corpus, which the United
States District Court for the Southern District of Ohio determined was a second-or-successive
habeas petition and transferred to our court. The district court properly concluded that Tibbetts’s
petition is second or successive, and Tibbetts’s motion to remand is therefore DENIED. Because
*Thi... More...
   $0 (08-15-2017 - OH)

William Eugene Thompson v. Phillip w. Parker, Warden

In 1986, Petitioner William Thompson, having served twelve
years of a life sentence for an unrelated murder for hire, killed his prison-farm supervisor, stole
his wallet, keys, and pocketknife, and fled. Thompson was captured at a bus station in
Madisonville, Kentucky, and charged with murder, robbery, and escape, for which he was tried
by jury and sentenced to death, twenty years,... More...
   $0 (08-14-2017 - KY)

Hadley Christensen v. Juab School District

¶1 Hadley Christensen claims reimbursement pursuant to Utah
Code section 52-6-201, from his former employer, Juab School
District, for attorney fees and costs incurred in a successful defense
against charges of aggravated sexual abuse of a child. The two issues
before us are (1) whether the right to reimbursement attaches based
on the allegations within the information, or unde... More...
   $0 (08-11-2017 - UT)

John Spellmann, Individually and as Executor of the Estate of Velma Spellmann, Gerald Lewis Sheehan Jr., Jane Lynn Sheehan Michaels, Ralph Koopmann, and Karen M. Koenig v. Janet H. Love and JHL Interests, Ltd.

By two issues, appellants John Spellmann, Individually and as Executor of the
Estate of Velma Spellmann, Gerald Lewis Sheehan, Jr., Jane Lynn Sheehan Michaels,
Ralph Coopmann, and Karen M. Koenig (collectively Spellman, unless otherwise noted)
challenge the trial court’s summary judgment rendered in favor of appellees Janet H. Love
(Janet H. Love or Janet) and JHL Interests... More...
   $0 (08-10-2017 - TX)

Michael "Miguel" Gutierez v. Lt. Sam Rodriguez, et al.

Plaintiff Michael “Miguel” Gutierrez brought seven claims under federal and
state law against various individuals and entities in connection with his brother’s
death, which officials deemed a suicide. The district court dismissed the claims in a
series of orders and ultimately entered judgment in favor of defendants. We exercise
jurisdiction under 28 U.S.C. § 1291 and affirm.
I... More...
   $0 (08-10-2017 - NM)

United States of America v. Brian S. Browder Second Circuit Court of Appeals - New York, New York

Defendant‐appellant Brian S. Browder—having been convicted
of possessing digital images and videos of child pornography, and
having served the incarcerary portion of his sentence—appeals from
an order finding him in violation of two conditions of his supervised
release. The District Court (Lawrence J. Vilardo, Judge) found that
Browder had violated two special conditions,... More...
   $0 (08-08-2017 - NY)

Andrew March v. Janet T. Mills


This appeal concerns a
constitutional challenge brought by a protester who opposes
abortion. He seeks to enjoin the enforcement of a provision of
the Maine Civil Rights Act ("MCRA"), Me. Rev. Stat. Ann. tit. 5,
§ 4684-B(2), that, he contends, facially violates the First
Amendment's guarantee of the freedom of speech.1 The challenged
provision bars a person from making ... More...
   $0 (08-08-2017 - ME)

Russell City Energy Company, LLC v. City of Hayward

The “Payments Clause” of an agreement between Russell City Energy Company,
LLC (Russell) and the City of Hayward (City) prohibited the City from imposing any
taxes on the “development, construction, ownership and operation” of Russell‟s power
plant except taxes tethered to ownership of real property. The question in this case is
whether Russell‟s interpretation of the P... More...
   $0 (08-08-2017 - CA)

Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith Roofing and Construction v. Joe Key and Stacci Key

This is an interlocutory appeal from an order certifying a class action.1
Appellants Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith
1
See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(3) (West Supp. 2016).
Roofing and Construction2 raise five issues claiming that the trial court erred by
certifying a class because various class-certificati... More...
   $0 (08-03-2017 - TX)

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