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Seventh Circuit Says Lack of Expert Testimony Dooms Illinois Prisoner’s Medical Neglect Claim by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit offered an Illinois state prisoner a hard lesson on July 27, 2023, affirming dismissal of his medical neglect claim against prison contractor …
Article • December 1, 2023 • from PLN December, 2023
In Suit Over Moldy Cells Causing Fungal Infection, Illinois Warden Denied Summary Judgment Wins Anyway by Matthew Clarke by Matt Clarke On May 19, 2023, the federal court for the Southern District of Illinois denied a state prison warden’s motion for summary judgment in a federal civil rights lawsuit over …
Article • October 1, 2021 • from PLN October, 2021
Absent Expert Medical Testimony, Deliberate Indifference Tough to Prove in Medical Cases by David Reutter by David M. Reutter The Eighth Circuit Court of Appeals affirmed the grant of summary judgment for the defendants in a civil rights lawsuit alleging they were deliberately indifferent to a prisoner’s serious medical needs. …
Anderson v. City of Fulton, Kentucky, KY, Motion, Excessive Force Police Shooting, 2020 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY PADUCAH DIVISION [Filed Electronically] BOB ANDERSON, Administrator of the Estate of Charles Christopher McClure, Deceased, and Next Friend of S.M., B.M., and C.M., Minor Daughters of McClure, PLAINTIFF v. …
Brief • August 22, 2019
Sabata, et al. v. Nebraska Dept. of Correctional Services et al., NE, order on striking expert declarations, 2019 4:17-cv-03107-RFR-MDN Doc # 389 Filed: 08/22/19 Page 1 of 6 - Page ID # 20793 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA HANNAH SABATA, et al, on behalf …
As courts censure civil detention practices, is it time for professionals to speak up? by David S. Prescott Guest commentary by David S. Prescott, LICSW*, forensicpsychologist.blogspot.com (Sept. 14, 2015) Last week, a federal judge ruled that Missouri's civil commitment program is unconstitutional, the second such court decision in three months. …
Bossardet v. Ryan, AZ, Order for for Rule 706 Expert, Medical Record-keeping, 2019 Case 4:17-cv-00517-FRZ Document 159 Filed 05/02/19 Page 1 of 2 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Arron Shawn Bossardet, Plaintiff, 10 11 v. …
Article • November 7, 2018 • from PLN November, 2018
Defense Investigator Jailed for Initially Refusing to Testify in Death Penalty Case by Matthew Clarke by Matt Clarke Greta Lindercrantz, 67, was jailed for contempt of court by Arapahoe County, Colorado District Judge Michelle Amico on February 26, 2018. Lindercrantz, a Mennonite defense investigator, had refused to testify in a …
Article • August 28, 2018
Illinois Prisoner Loses Use of Force Suit on Evidentiary Rulings by Edward Lyon by Ed Lyon Thomas Lovelace and another prisoner fought over some pencils on November 6, 2011, at the Dixon Correctional Center in Illinois. Guards handcuffed Lovelace and placed him in a van to be transported to a …
State of South Dakota v. Wills, SD, Opinion, Criminal Procedural Evidence, 2018 #28029-aff in pt & rev in pt-SLZ 2018 S.D. 21 IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA STATE OF SOUTH DAKOTA, **** Plaintiff and Appellee, v. JONATHAN CHARLES WILLS, Defendant and Appellant. **** APPEAL FROM …
Article • December 19, 2017
Testimony of Expert Witness Excluded by David Reutter by David Reutter A Louisiana federal district court excluded the expert testimony of Dr. David Thomas in a class action brought by Louisiana prisoners who alleged substandard medical care. Joseph Lewis, Jr. sued the Louisiana State Penitentiary (Angola) alleging violations of his …
Brief • December 4, 2017
Meiers v. Ottawa Cty, MI, Motion to Remove Vilke Expert Witness Testimony, 2017 Case 1:15-cv-00866-PLM-RSK ECF No. 215 filed 12/04/17 PageID.3012 Page 1 of 17 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN _____________________________ VENESSA MEIRS, as Personal Representative Case No.: 1:15-cv-00866-PLM-RSK of the ESTATE OF SCOTT MEIRS, U.S. District …
Brief • September 29, 2017
Filed under: Expert Witnesses
Lewis v. Cain, LA, Ruling, 2017 Case 3:15-cv-00318-SDD-RLB Document 322 09/29/17 Page 1 of 10 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA JOSEPH LEWIS, JR., ET AL. CIVIL ACTION VERSUS 15-318-SDD- RLB BURL CAIN, ET AL. RULING Before the Court is the Plaintiffs’ Motion to Exclude Testimony of David …
Article • August 10, 2017
"Intellectual Disabilities" End Decade on Oregon's Death Row; State's "Expert" Sharply Criticized by Mark Wilson by Mark Wilson After serving more than ten years on death row, a 60-year old Oregon prisoner had his death sentence vacated and was ruled ineligible for the death penalty, due to an "intellectual disability." …
Article • June 30, 2017 • from PLN July, 2017
Illinois Supreme Court: No Appointed State Expert in SDPA Recovery Proceeding by On May 19, 2016, the Supreme Court of Illinois held the state could not use a handpicked expert witness to give testimony in a recovery proceeding under the Sexually Dangerous Persons Act (SDPA). James E. Grant was convicted …
Brief • March 6, 2017
Filed under: Expert Witnesses
Kentrell v. Cain, LA, Memorandum in Support, 2017 Case 3:15-cv-00318-BAJ-RLB Document 226-2 03/06/17 Page 1 of 6 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA JOSEPH LEWIS, JR., KENTRELL PARKER, FARRELL SAMPIER, REGINALD GEORGE, JOHN TONUBBEE, OTTO BARRERA, CLYDE CARTER, CEDRIC EVANS, EDWARD GIOVANNI, RICKY D. DAVIS, LIONEL TOLBERT, and …
Brief • January 30, 2017
Harris v. City of Chicago, IL, Response to Mot to Bar Def Expert, Wrongful Conviction, 2017 Case: 1:14-cv-04391 Document #: 250 Filed: 01/30/17 Page 1 of 8 PageID #:5995 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION NICOLE HARRIS Plaintiff, v. CITY OF CHICAGO, …
Brief • January 6, 2017
Filed under: Expert Witnesses
Kentrell v. Cain, LA, Memorandum, 2017 Case 3:15-cv-00318-BAJ-RLB Document 192-1 01/06/17 Page 1 of 21 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA JOSEPH LEWIS, JR., KENTRELL PARKER, FARRELL SAMPIER, REGINALD GEORGE, JOHN TONUBBEE, OTTO BARRERA, CLYDE CARTER, CEDRIC EVANS, EDWARD GIOVANNI, RICKY D. DAVIS, LIONEL TOLBERT, and RUFUS WHITE, …
Brief • January 6, 2017
Harris v. City of Chicago, IL, Motion to Bar Def Expert, Wrongful Conviction, 2017 Case: 1:14-cv-04391 Document #: 213 Filed: 01/06/17 Page 1 of 13 PageID #:3892 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION NICOLE HARRIS, ) ) ) ) ) ) ) …
Article • October 25, 2016
Federal Court Rejects Prison Doctor's "Expert" Testimony by Lonnie Burton A U.S. District Court judge in Arizona has rejected nearly all of the proffered testimony of a doctor that prison officials had claimed was an "expert" on the issues of "the unique challenges of providing health care" in a correctional …
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