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Brief • May 17, 2012
The Swatch Group Management Services v. Bloomberg, NY, Opinion and Order, Infringement of Record, 2012 Case 1:11-cv-01006-AKH Document 53 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------- x Filed 05/17/12 Page 1 of 12 USDC ~Il'\ \' D0CL.\1 L'\T ELECTRONICALLY FILED DOC#: DATF F-I-L-Em"'~"".- - ' - - …
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to Refute Expert Testimony Warrants Summary Judgment Against California Prisoner Suing for Medical Malpractice by In an unpublished opinion, the California Court of Appeal affirmed a trial court’s grant of summary judgment against a prisoner who sued a surgeon for medical malpractice, but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) …
Article • May 15, 2012
New York Attorney Malpractice Nets $250,000 Default Judgment by A New York federal court awarded a $250,000 default judgment against a lawyer who caused the dismissal of a client's case. Charles Robinson retained lawyer Campbell Holder to represent him in a New York state action against his former employer, Metro-North …
Summary Judgment Motion Filed With Amended Complaint Premature by A California federal court denied sheriff's deputies summary judgment in their action alleging discriminatory employment practices. The court agreed with Defendants that the motion was premature. In October 2006, the San Francisco Sheriff's Department (SFSD) instituted a policy requiring that only …
Article • May 15, 2012
Third Circuit Vacates Dismissal of Pennsylvania Prisoner’s Retaliation Claim by The Third Circuit Court of Appeals reversed summary judgment for prison officials on a Pennsylvania prisoner's retaliation claim. Patrick Toussaint is a prisoner of the State Correctional Institution at Cresson, Pennsylvania. In 2005, he brought federal suit alleging retaliation, denial …
Brief • January 27, 2012
Hood v. Upah, IA, Plaintiff's Brief Restisting MSJ, Excessive Force, 2012 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF IOWA CEDAR RAPIDS DIVISION JAMES HOOD, ) ) Plaintiff, ) ) vs. ) ) DAVID UPAH AND BENTON COUNTY, ) IOWA, ) ) Defendants. ) ) CASE NO.: 11cv96-LRR PLAINTIFF’S BRIEF IN …
Qualified Immunity Based Summary Judgment Denied in Ohio Excessive Force Case by On November 25, 2008, an Ohio federal court denied prison officials' motion for summary judgment based on qualified immunity in an excessive force case. The court also denied defendants' motions to dismiss, for judgment on the pleadings and …
Fifth Circuit Clarifies Procedure for PLRA Failure-to-Exhaust Dismissals by The Fifth Circuit Court of Appeals held that summary judgment may be granted when a defendant alleges failure to exhaust administrative remedies under the Prison Litigation Reform Act (PLRA), but, in this particular case, the record was not sufficiently developed to …
Discovery and Explanation Required Before Converting Motion into Motion for Summary Judgment by Brandon Sample By Brandon Sample Before converting a motion to dismiss into a motion for summary judgment, district courts must first give pro se parties (i) the opportunity to take relevant discovery, and (ii) an explanation of …
U.S. Supreme Court Upholds $625,000 Judgment for Female Prisoner Molested by Ohio Prison Guard by John Dannenberg by John E. Dannenberg On January 24, 2011, the U.S. Supreme Court (USSC), ruling on a relatively minor procedural issue regarding the timing of a defense motion for summary judgment, upheld a $625,000 …
Article • December 15, 2010 • from PLN December, 2010
Failure of CMS Nurses and Doctor to Properly Treat Broken Leg Overcomes Summary Judgment by The Eighth Circuit Court of Appeals reversed the grant of summary judgment to a doctor and two nurses employed by Correctional Medical Services (CMS). The lawsuit claimed an Eighth Amendment violation related to the treatment …
Article • December 15, 2010 • from PLN December, 2010
Sixth Circuit Reverses Summary Judgment for Dentist Who Failed to Provide Temporary Filling by Genuine issues of material fact precluded granting summary judgment to a prison dentist accused of providing deliberately indifferent dental treatment, the U.S. Court of Appeals for the Sixth Circuit found. Gregory T. McCarthy, while incarcerated at …
Suit Filed Against Use of Rapiscan on Detention Facility Visitor by David Reutter by David M. Reutter In partially denying state officials’ motion for summary judgment, an Illinois federal district court discussed the constitutional parameters involved in the use of a Rapiscan Secure 1000 device, which uses “back-scatter” X-ray technology …
Article • November 15, 2010 • from PLN November, 2010
Post-Katrina Circumstances Excuse Holding Prisoner Beyond Indictment Deadline by On June 21, 2010, the Fifth Circuit Court of Appeals held that emergency conditions at a Louisiana prison following Hurricane Katrina helped excuse the failure of a warden to release a prisoner for three months after the deadline for filing an …
$2,750 Settlement in California Prisoner’s Denial of Exercise Claim by The California Department of Corrections and Rehabilitation (CDCR) paid $2,750 to settle a prisoner’s Eighth Amendment claim for denial of exercise. The May 7, 2008 settlement came in a lawsuit filed by prisoner Terrell Curry. In his third amended complaint, …
Summary Judgment Reversed in Illinois Jail Suicide Suit by The Seventh Circuit Court of Appeals reversed a lower court’s grant of summary judgment to Illinois jail officials stemming from the in-custody suicide of a federal pretrial detainee. On April 13, 2005, Stanley Bell was confined at the St. Clair County …
DC Circuit Reverses CCA/TransCor Non-Exhaustion Dismissal by The U.S. Court of Appeals for the District of Columbia (DC) Circuit reversed a district court’s dismissal of a prisoner’s lawsuit for failure to exhaust administrative remedies and for conceding summary judgment by failing to respond to the defendants’ summary judgment motion. The …
Bivens Case by Disabled Prisoner Against Federal Prison Officials Remanded; Settles for $15,000 by The U.S. Court of Appeals for the Fourth Circuit reversed a grant of summary judgment to federal prison officials in a Bivens case brought by a handicapped prisoner who was unable to take a shower or …
Military Contractors Granted Summary Judgment by On September 11, 2009, Iraqi citizens, Haidar Muhsin Saleh and Ilam Nassir Ibrahim, lost their appeal to the District of Columbia Circuit in regard to lawsuits filed against two private military contractors. The two men represented a group of plaintiffs who alleged they or …
Washington State Prisoner Cannot Sue State for Volleyball Injury Caused by Oversized Shoes by On September 21, 2009, the Washington State Court of Appeals held that a prisoner cannot recover damages from the state for injuries she received while playing volleyball in oversized sport shoes issued to her by the …
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