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Civil Rights: 42 U.S.C. §1983-Appellate Review-Failure to Provide Transcripts
Plaintiff appealed from the district court’s adverse grant of judgment in her §1983 claim. Where plaintiff failed to provide a transcript of the district court proceedings, the court was precluded from meaningful appellate review. Judgment is affirmed. Sanders v. Chapman (MLW No. 74692/Case No. 18-2927 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per […]
Civil Rights: 42 U.S.C. §1983-Prison Inmate-Deliberate Indifference to Medical Needs
Plaintiff appealed from the adverse grant of summary judgment in his §1983 action alleging deliberate indifference to his serious medical needs. Where plaintiff failed to show that defendants acted with more than gross negligence or a culpability similar to criminal recklessness, his claim of deliberate indifference failed as a matter of law. Judgment is affirmed. […]
Civil Rights: 42 U.S.C. §1983-Pretrial Detainee-Deliberate Indifference to Medical Needs
Plaintiff appealed from the adverse grant of summary judgment in his §1983 action alleging deliberate indifference by corrections officers to his medical and psychiatric needs. On appeal, plaintiff contended that the district court considered inadmissible evidence, impermissibly resolved factual disputes and failed to view the facts in the light most favorable to him. Where all […]
Civil Practice: 42 U.S.C. §1983-State Court Custody Action-Younger Abstention Doctrine
Plaintiff appealed the dismissal of her §1983 action alleging violations of her constitutional rights in a pending state court custody action. Where the Younger abstention doctrine was applicable to preclude consideration of plaintiff’s federal constitutional claims arising from a pending state court action, the district court correctly dismissed plaintiff’s complaint. Judgment is affirmed. L[...]
Civil Rights: 42 U.S.C. §1983-Excessive Force-Reasonableness of Search
Plaintiff, an offender civilly committed to the Minnesota Sex Offender program, appealed from the dismissal of his §1983 action alleging violations of his constitutional rights stemming from the use of force. Where plaintiff failed to show that the use of force was objectively unreasonable or that the scope of his search was unreasonable, the district […]
Civil Rights: 42 U.S.C. §1983-Criminal Statute-Private Cause of Action
Plaintiff appealed from the dismissal of his action under 42 U.S.C. §1983. Where plaintiff did not have a private cause of action under the criminal statutes he cited and where his §1983 claims were previously dismissed for lack of subject matter jurisdiction, the district court did not abuse its discretion in dismissing plaintiff’s claims. Judgment […]
Civil Rights: 42 U.S.C. §1983-Judicial Immunity-Jurisdiction over State Court Judgments
Plaintiff appealed from the district court’s dismissal of his pro se §1983 action. Where defendants were entitled to judicial immunity and district courts lacked appellate jurisdiction over state court judgments, the district court properly dismissed plaintiff’s complaint. Judgment is affirmed. Sayen v. Schurrer (MLW No. 74466/Case No. 19-2360 – 2 pages) (U.S. Court of Appeals, […]
Civil Rights: 42 U.S.C. §1983-Excessive Force-Reasonableness of Force
Plaintiff appealed from the adverse grant of summary judgment to defendant. Plaintiff had filed a §1983 suit, alleging that defendant used excessive force against plaintiff, who was incarcerated and awaiting transfer to the Arkansas Department of Corrections. Where the force used by defendant was applied in good faith and was not used maliciously or sadistically […]
Civil Rights: 42 U.S.C. §1983-Prison Inmate-Adverse Summary Judgment
Plaintiff, an inmate in a Missouri prison, appealed the district court’s discovery ruling and adverse grant of summary judgment in plaintiff’s §1983 action. Where there was no abuse of discretion, the district court properly denied plaintiff’s motions to compel and granted summary judgment to defendants. Judgment is affirmed. Morrison v. Hale (MLW No. 74394/Case No. […]
Civil Rights: 42 U.S.C. §1983-Conversion of Pet Animal-Violation of Procedural Due Process
Plaintiff filed a §1983 suit against defendants in their individual and official capacities, alleging they violated his right to procedural due process when they spayed and gave away for adoption plaintiff’s pet German Shepherd that had escaped from plaintiff’s home, destroying the dog’s substantial value as a breeding dog. Plaintiff alleged that defendants failed to […]
Civil Rights: 42 U.S.C. §1983-False Allegations of Improper Search-Claim of Retaliation
Plaintiff, an inmate, appealed from the district court’s grant of summary judgment to defendants in plaintiff’s §1983 action. Where there was sufficient evidence to find in disciplinary proceedings that plaintiff made false statements in a claim for damages arising from an alleged search, the district court did not err by granting summary judgment to defendants. […]
Civil Practice: 42 U.S.C. §1983-Deliberate Indifference to Medical Needs-Failure to Provide Toothpaste
Plaintiff appealed from the adverse grant of summary judgment in his action alleging that prison officials were deliberately indifferent to his medical needs when they failed to provide him with toothpaste during his administrative segregation, causing him to suffer swelling and infection of his gums. Where defendant was not diagnosed with a gum infection and […]
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
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