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Deliberate Indifference

Jan 27, 2020

Civil Rights: Inmate Action-Deliberate Indifference-Exhaustion Requirements

Where an Arkansas inmate challenged the dismissal of his claim of deliberate indifference to his medical needs, the action was properly dismissed because the inmate failed to exhaust his administrative remedies. Judgment is affirmed. Boyd v. Rechcigl (MLW No. 74423/Case No. 19-2334 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from […]

Jan 17, 2020

Civil Rights: Inmate Action-Nosebleeds-Deliberate Indifference

Where an inmate brought a deliberate-indifference claim against a doctor, the district court properly found that even if the inmate’s nasal problems, including nosebleeds, qualified as objectively serious medical needs, the record did not show that the doctor was deliberately indifferent, so summary judgment is affirmed. Judgment is affirmed. Williamson v. Corizon Inc. (MLW No. […]

Aug 6, 2019

Civil Rights: 42 U.S.C. §1983-Excessive Force-Deliberate Indifference

SWAT officers arrived at what they believed to be an apprehended homicide suspect’s home to search for evidence. A woman inside the home answered the door and indicated she would unlock the front screen for officers. However, they threw a flash-bang grenade through the screen, inflicting PTSD on a 2-year old occupant of the home. […]

Jul 9, 2019

Torts: Sexual Assault by Fellow Student-Title IX-Deliberate Indifference

Plaintiff alleged that she was sexually assaulted twice by a fellow student. Plaintiff reported both incidents to school administrators. Dissatisfied with the school’s response, plaintiff filed the present Title IX action alleging deliberate indifference. The district court granted summary judgment to the school. Where the school’s response to plaintiff’s first complaint did not rise to [&he[...]

May 23, 2019

Civil Rights: Inmate Action-Serious Medical Needs-Deliberate Indifference

Where an inmate challenged an adverse summary judgment on his claims that jail officials were deliberately indifferent to his serious medical needs, the judgment is affirmed because the inmate did not show deliberate indifference. Judgment is affirmed. Shelton v. McLeod County (MLW No. 73205/Case No. 18-2285 – 2 pages) (U.S. Court of Appeals, 8th Circuit, […]

May 13, 2019

Civil Rights: Inmate Action-Hip Injury-Deliberate Indifference

Where an inmate, who suffered a hip injury after an assault by another inmate, argued that prison employees were deliberately indifferent to his serious medical needs, the district court did not abuse its discretion in failing to consider the inmate’s request for substitute appointed counsel because it did not receive the request, and the judgment […]

Mar 18, 2019

Civil Practice: Inmate-Deliberate Indifference-Medical Needs

Plaintiff appealed the dismissal of his 42 U.S.C. §1983 action, alleging that corrections officers were deliberately indifferent to his medical needs in diagnosing and treating an earlier stroke, after he was transported to the hospital and diagnosed with suffering a second stroke. The district court ruled that corrections officers could not be held liable when […]

Feb 27, 2019

Civil Rights: Title IX Claim-Deliberate Indifference-Student Rape

Where a college student who was sexually assaulted by another student sued the university after it failed to move her attacker to another living situation until the investigation was complete, summary judgment for the university is affirmed because there was no showing that the university was deliberately indifferent after the conclusion of its investigation. Judgment […]

Feb 18, 2019

Civil Rights: Excessive Force-Deliberate Indifference-Qualified Immunity

  Where the family of a man who died after a struggle with officers sued officers for excessive force and for exhibiting deliberate indifference to his serious medical needs, the judgment denying summary judgment based on qualified immunity is reversed because the officers’ use of force did not violate clearly established law and their actions […]

Jan 15, 2019

Civil Rights: Inmate Action-Denial of Medical Care-Deliberate Indifference

Where plaintiff brought claims of false arrest, excessive force and denial of medical care against officers, the grant of sovereign immunity to the defendants was proper because the district court did not abuse its discretion in concluding that he failed to present evidence of a causal link between his alleged injuries and his encounter with […]

Dec 21, 2018

Civil Rights: Inmate Action-Deliberate Indifference

Where an inmate argued that a prison nurse was deliberately indifferent to his serious medical needs by delaying the administration of anti-nausea and pain medication, the judgment is affirmed because the inmate failed to show deliberate indifference. Judgment is affirmed. Bryant v. Denham (MLW No. 72431/Case No. 18-1440 – 2 pages) (U.S. Court of Appeals, […]

Nov 30, 2018

Civil Rights: 42 U.S.C. §1983-Deliberate Indifference-Disregard of Serious Medical Need

Plaintiff, an inmate, appealed the district court’s grant of summary judgment to defendants in plaintiff’s §1983 action. Where plaintiff failed to show defendants knew of but deliberately disregarded plaintiff’s alleged serious medical need, the district court properly dismissed plaintiff’s deliberate indifference claim. Judgment is affirmed. Cornell v. Anderson (MLW No. 72355/Case No. 18[...]

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