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Dockery v. Epps, MS, Expert Report - Abplanalp, Mental Health Conditions Solitary Confinement Class Action, 2015 REPORT OF BART ABPLANALP, Ph.D. Assignment I have been retained by Plaintiffs’ counsel to review charts in conjunction with Plaintiffs’ psychiatric expert Dr. Terry Kupers, and offer opinions about the mental health care system …
Brief • June 7, 2014
Reilly v. Sheriff of Leon County, FL, Expert Report - Leach, postcard mail restrictions, 2014 JOSEPH REILLV Plaintiffs, v, SHERIFF OF LEON COUNTV FLORIDA Defendants, in the UNITED STATES DISTRICT COURTi, Civil Action N o. for the 4 : 7 4- NORTHERN DISTRICT of FLONDA CV-003 9 7 -RH-CAS EXPERT …
M.H. v. County of Alameda, CA, Motion in Limine, Wrongful Death of Inmate, 2014 FOURTH MOTION IN LIMINE TO LIMIT THE TESTIMONY OF DEFENDANT COUNTY’S EXPERT RON MARTINELLI A. This Court should preclude Mr. Martinelli from testifying about opinions or facts that he omitted from his Rule 26 report. An …
Brief • February 21, 2014
M.H. et al v. County of Alameda, CA, Plf 2nd MiL to Limit Expert Testimony, medical screening, 2014 1 2 3 4 5 6 7 MICHAEL J. HADDAD/ State Bar #189114 JULIA SHERWIN/State Bar #189268 GENEVIEVE K. GUERTIN/State Bar #262479 T. KENNEDY HELM/State Bar #282319 HADDAD & SHERWIN 505 Seventeenth …
Brief • September 9, 2013
Donahoe v. Arpaio, AZ, Plf Res to Def Mot to Excl Testimony - Van Blaricom, Daubert exclude police expert, 2013 1 Michael C. Manning (#016255) Larry J. Wulkan (#021404) 2 Stefan M. Palys (#024752) STINSON MORRISON HECKER LLP 3 1850 North Central Avenue, Suite 2100 Phoenix, Arizona 85004-4584 4 Tel: …
Adams v. CCA, CO, Plf Res Def MoL re Wojtalewicz Testimony, prison riot, 2013 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: VANCE A. ADAMS …
Adams v. CCA, CO, Def MoL re Wojtalewicz Testimony, prison riot, 2013 Plaintiffs: VANCE A. ADAMS et al. Defendant: CORRECTIONS CORPORATION OF AMERICA Counterclaimant: CORRECTIONS CORPORATION OF AMERICA ▲ COURT USE ONLY ▲ Counterclaim Defendants: RICHARD ALLISON, et al. Attorneys for Defendant and Counterclaimant: Case Number: 05 CV 60 Andrew …
Brief • December 14, 2012
Demouchette v. Sheriff of Cook County, IL, Order re Exclusion of Expert Testimony, Jail Suicide, 2012 Case: 1:09-cv-06016 Document #: 174 Filed: 12/14/12 Page 1 of 27 PageID #:1698 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JOSEPH DEMOUCHETTE, JR., et al., Plaintiffs v. …
Article • July 15, 2012
Washington SVP Commitment Reversed for Improper Impeachment Evidence by The Washington State Court of Appeals reversed a lower court's civil commitment order under the State's Sexually Violent Predator Act (SVP). The Court held that the lower court erred in allowing an expert witness to be impeached by findings of fact …
Article • May 15, 2012 • from PLN May, 2012
Failure to Refute Expert Testimony Warrants Summary Judgment Against California Prisoner Suing for Medical Malpractice by In an unpublished opinion, the California Court of Appeal affirmed a trial court’s grant of summary judgment against a prisoner who sued a surgeon for medical malpractice, but then failed (due to limited resources) …
9th Circuit Rejects Prisoner Self-Defense Theory in Assault with Shank by Derek Gilna By Derek Gilna The U.S. Appeals Court for the 9th Circuit has declined to permit prisoner Lenny Urena from asserting "self-defense" in his trial for assault with a dangerous weapon against a fellow prisoner. The Court also …
Article • March 15, 2012 • from PLN March, 2012
Death Sentence Reversed Due to “Accidental” Perjury by Texas Prison Investigator by Matthew Clarke by Matt Clarke The Texas Court of Criminal Appeals reversed a death sentence imposed on a state prisoner convicted of capital murder, because a prison investigator had falsely described the prisoner classification system in the Texas …
Article • March 15, 2012 • from PLN March, 2012
Texas Psychologist Who Approved Prisoners for Execution Receives Reprimand by Matthew Clarke by Matt Clarke A Texas psychologist who used questionable methods to examine over a dozen Texas death row prisoners prior to their trials, and found them intellectually competent to face the death penalty, has been fined for using …
Brief • March 5, 2012
State of Maryland v. Brightful et al, MD, Order, Drug Recognition Expert Protocol, 2012 03/05/2012 13:30 From: .A :"~_ #210 P,002/038 I! I Ii ii IN THE CIRCUIT COURT FOR CARROLL COUNTY II Ii 1j ii' I, "" Ii Ii 11 STATE OF MARYLAND v, IIII II II I' I …
Article • November 15, 2011
Appeals Court Upholds $250,000 Damage Award in Federal Worker's Civil Rights Case, Expert Testimony Not Required to Corroborate Claim of Emotional Distress by The Third Circuit U.S. Court of Appeals has upheld the award of $250,001 to Russell Bolden, who was discharged from his position at Southeastern Pennsylvania Transportation Authority, …
Article • November 15, 2011
Whether Prisoner Officials’ Actions Constitute Deliberate Indifference not Subject to Expert Opinion by U.S. District Judge John Steele granted in part and denied in part a motion in limine seeking to preclude expert opinion on whether the actions of prison officials constituted deliberate indifference. Michelle Goebert, a former Lee County, …
Virginia Supreme Court Says Plethysmograph Evidence Inadmissible by The Virginia Supreme Court has held that plethysmograph evidence is inadmissible in all judicial proceedings without foundation as to reliability. Matthew Edwards Billips committed several sex offenses involving young children when he was 18 years old. He was convicted of those offenses …
No Right to Destruction of Juvenile Records in Virginia by David Reutter By David M. Reutter The Virginia Supreme Court has held that there is no vested right under state law to have juvenile records destroyed. The Court, however, found that an expert’s testimony was inadmissible because that testimony was …
Summary Judgment for Illinois Jail Nurse Reversed in Wrongful Death Suit by Brandon Sample The U.S. Court of Appeals for the Seventh Circuit reversed a grant of summary judgment in favor of a nurse at Illinois’ Peoria County Jail (PCJ) who was accused of providing deliberately indifferent medical care to …
Article • March 15, 2011
Expert Report Not Required for Primary Care Physician to Testify by A physician who treated a patient plaintiff may testify concerning his consultation or treatment of a patient without providing an expert report, U.S. District Judge Michael Ponsor recently decided. Under Fed. R. Civ. P. 26., Judge Ponsor concluded that …
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