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Tag Archives: 42 U.S.C. §1983

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 ...

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Civil Rights: 42 U.S.C. §1983-Official-Capacity Suit-Traffic Stop

Plaintiff appealed the summary judgment dismissal of his §1983 claims against various law enforcement officers arising from a traffic stop of plaintiff. Where it was not clearly established law at the time of plaintiff’s stop that it was unconstitutional for ...

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Civil Rights: 42 U.S.C. §1983-Prison Inmate-Summary-Judgment Dismissal

Plaintiff, a prison inmate, appealed from the adverse grant of summary judgment of his pro se 42 U.S.C. §1983 action. Where, viewing the evidence in the light most favorable to plaintiff, there were no genuine issues of material fact, defendants ...

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Civil Rights: 42 U.S.C. §1983-Prison Inmate-Summary Judgment

Plaintiff, a prison inmate, appealed from the adverse grant of summary judgment of his pro se 42 U.S.C. §1983 action. Where, viewing the evidence in the light most favorable to plaintiff, defendants were entitled to summary judgment, the court affirmed. ...

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Civil Rights: 42 U.S.C. §1983-Dismissal

Plaintiff appealed from the dismissal of his pro se 42 U.S.C. §1983 action. Where the district court did not err in dismissing plaintiff’s case, the court affirmed. Judgment is affirmed. Pierce v. Lovejoy (MLW No. 74141/Case No. 19-1087 – 2 ...

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Civil Rights: 42 U.S.C. §1983-Denial of Access to Courts-Deliberate Indifference to Medical Needs

Plaintiff appealed the dismissal and adverse grant of summary judgment on his §1983 claims of denial of access to legal materials, retaliation and deliberate indifference to medical needs. Where the district court did not abuse its discretion in ordering preservice ...

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Civil Rights: 42 U.S.C. §1983-Appointment of Counsel-Failure to Train/Supervise/Protect

Defendant, an inmate, appealed the denial of his motion for appointed counsel and adverse grant of summary judgment on his failure to train/supervise claim. Where defendant failed to object to the denial of appointed counsel, the court lacked appellate jurisdiction, ...

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Civil Rights: 42 U.S.C. §1983-Excessive Force-Qualified Immunity

Plaintiff filed a §1983 suit against defendants, alleging they used excessive force while arresting plaintiff and her minor son. Defendants appealed the denial of their summary-judgment motion, arguing that they were entitled to qualified immunity. Where video evidence supported finding ...

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Civil Rights: 42 U.S.C. §1983-Prison Inmate-Adverse Grant of Summary Judgment

  Plaintiff, a former inmate, appealed the adverse grant of summary judgment in his §1983 action. Where, after viewing the record and affording all reasonable inferences to plaintiff, there was no error in the district court’s analysis of plaintiff’s claim, ...

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