50 results for 'cat:"Civil Rights" AND cat:"Health Care"'.
J. Stewart denies a self-represented litigant’s motion to amend his civil rights complaint that seeks to reinstate more than 30 claims that the court had previously dismissed, plus add several new claims, finding the claims frivolous. The court furthermore trims his complaint down to only two claims for denial of prescription medication while incarcerated.
Court: USDC Northern District of New York, Judge: Stewart, Filed On: February 20, 2024, Case #: 1:22cv169, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, health Care, Prisoners' Rights
J. Russell denies the dismissal motions in this civil rights lawsuit alleging that a pretrial detainee was denied adequate medical care, after falling down a set of concrete stairs. The complaint contends that he was sent to the hospital "eight days after his fall" and that he ultimately died from his injuries. The allegations sufficiently state a claim for deliberate indifference against the medical staffing company, as the detainee was allegedly "turned away from the jail infirmary after he was carried there by a cellmate."
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: February 6, 2024, Case #: 5:23cv1060, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, health Care
J. Cogburn denies an incarcerated transgender woman and the state’s department of corrections’ cross-motions for summary judgment after the woman requested gender-affirming surgery. Before both parties are allowed to resubmit their motions, an evidentiary hearing must take place in order to determine whether surgery is medically necessary for the woman and to prevent the state from misrepresenting its Evaluation and Management of Transgender Offenders policy as automatically rejecting the request.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: February 2, 2024, Case #: 3:22cv191, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, health Care, Lgbtq
J. Collier grants the City of Chattanooga's motion for summary judgment in this lawsuit brought by a hospital patient who alleges that he was struck in the head by a city police officer. Following an investigation, the interim police chief concluded that the officer had not violated department policy. The patient now asserts claims for failure to train, failure to supervise and a custom of tolerance to rights violations. His federal claims will be dismissed, however, as he fails to show that the city was "deliberately indifferent to a known history of abuse."
Court: USDC Eastern District of Tennessee , Judge: Collier, Filed On: February 1, 2024, Case #: 1:22cv11, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, health Care
J. Bryan grants Washington Gov. Jay Robert Inslee’s motion to dismiss the healthcare workers' complaint that they were mandated to receive the Covid-19 vaccine. Inslee had a rational basis for the proclamation because the Covid-19 vaccine mandate lessened the possibility that the healthcare workers would become infected with the virus and pass it on to their patients. The healthcare workers do not sufficiently plead that they were denied some government benefit because the mandate was in effect.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: December 21, 2023, Case #: 3:23cv5741, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, health Care, Covid-19
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Per curiam, the Texas Supreme Court grants the state's petition for mandamus relief, ordering the district court to vacate the temporary restraining order blocking the Texas Attorney General from prosecuting individuals involved in providing an abortion to a woman who claims she needs an abortion to prevent further risk to her life. Although the woman's doctor asserts that she has a "good faith belief" that the woman qualifies for an abortion under the medical-necessity exception of the law, she has not asserted that she exercised her "reasonable medical judgment" when coming to that conclusion, which is required for the exception to apply.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: December 11, 2023, Case #: 23-0994, Categories: civil Rights, health Care, Restraining Order
J. Kobes finds a lower court properly imposed a mental competency evaluation on a defendant who was indicted for being a felon in possession of a firearm. The defendant, who suffers from schizophrenia, argued that the government was not entitled to medicate him to restore his competency in order to stand trial. However, a chief of psychiatry, chief of psychology, and a physician presented sufficient evidence in court that a proposed treatment plan that included antipsychotic medicine would improve his quality of life. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: December 5, 2023, Case #: 23-1164, Categories: civil Rights, health Care, Experts
J. Bunn grants the agency's writ seeking prohibition of the former nurse's Section 1983 claim against it and one of its investigator's moving forward after the lower court denied their motion to dismiss. The judge erred in determining the agency is vicariously liable for the acts or omissions of its employees. And while the agency and its investigator are not entitled to prosecutorial immunity, the judge failed to determine if the investigator was acting within the scope of his employment to determine if the agency is entitled to qualified immunity from vicarious liability on the nurse's malicious prosecution claim. Reversed in part.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: November 9, 2023, Case #: 22-779, Categories: civil Rights, Government, health Care
J. Dick orders judgment in favor of class-action litigants and against the state department of corrections, ending a yearslong litigation of medical treatment claims at Louisiana’s maximum-security prison in Angola. “The attitudes of those in medical leadership” at the corrections department and the sprawling 18,000-acre prison farm “easily demonstrate that injunctive relief is required in this case.”
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: November 6, 2023, Case #: 3:15cv318, NOS: Prison Condition - Habeas Corpus, Categories: civil Rights, Constitution, health Care
J. Popplewell finds a lower court properly dismissed a doctor's freedom expression claims against a medical council. The doctor, a qualified colorectal and breast surgeon in Pakistan, argued that he was entitled to create You Tube videos concerning the Covid-19 pandemic, which resulted in an imposition of a six months suspension from practicing medicine. However, the medical board sufficiently showed in court that the doctor is obligated to maintain and promote the well-being of the public and confidence in the field of medicine. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Popplewell, Filed On: November 2, 2023, Case #: CA-2023-811, Categories: civil Rights, health Care
J. Torres declares a 1990 law banning abortion in Guam invalid because it has been implicitly repealed by the Guam Legislature since its passing; it no longer has any force or effect. More recent statutes conflict with such a ban and have since allowed and regulated abortion procedures in the territory.
Court: Guam Supreme Court, Judge: Torres, Filed On: October 31, 2023, Case #: CRQ23-1, Categories: civil Rights, Constitution, health Care
J. Wood finds the county court improperly certified this class action arising upon the medical group’s alleged violation of the Patient Right-To-Know Act by its failure to provide the terminated doctor with a list of his patients, or to inform the patients of the doctor’s new location. The predominance prerequisite was not satisfied. Being that not all of the doctor’s patients were affected, the court would have had to have made individual inquiries to determine whether the group failed to respond to any one patient’s request or if it misled patients. This was not done. Reversed and remanded.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: October 26, 2023, Case #: CV-23-42, Categories: civil Rights, health Care, Class Action
J. Barnes finds that the trial court properly granted the district attorney's motion to dismiss an action brought by the mother and daughter seeking an order declaring that Georgia's Living Infants Fairness and Equality Act is unconstitutional. The law prohibits abortions after a fetal heartbeat can be detected. The mother and daughter lacked standing to prospectively challenge the constitutionality of the Act because they failed to show that they have suffered an actual, particularized injury resulting from the statute. Neither the mother or the daughter was pregnant when the action was filed and any alleged harm to them as a result of the Act was hypothetical. Affirmed.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: October 17, 2023, Case #: A23A1607, Categories: civil Rights, health Care
J. Heil denies the plaintiffs' request for a preliminary injunction in this lawsuit challenging the constitutionality of the state's Senate Bill 613, which prohibits healthcare providers from knowingly providing "gender transition procedures to any child." The court concludes that the plaintiffs, which include transgender youth and their parents, have not shown a likelihood of success on the merits of their equal protection and due process claims.
Court: USDC Northern District of Oklahoma , Judge: Heil, Filed On: October 5, 2023, Case #: 4:23cv177, NOS: Constitutionality of State Statutes - Other Suits, Categories: civil Rights, health Care, Lgbtq
J. Foote denies a request by a university hospital to dismiss an abuse of rights claim brought by a female physician arising from her sex discrimination and job retaliation complaint against the chancellor of the medical center, who also supervised her cleft and craniofacial fellowship. The doctor’s allegations are sufficient and include claims that the hospital’s predominant motive for denying her privileges at the facility was to retaliate against her for making a sex discrimination claim against its chancellor.
Court: USDC Western District of Louisiana , Judge: Foote, Filed On: October 2, 2023, Case #: 5:22cv1607, NOS: Employment - Civil Rights, Categories: civil Rights, Education, health Care
J. Brown dismisses a nurse's sexual harassment, discrimination and other claims against a healthcare company and doctor. She fails to show the hospital knew of the alleged harassment, that she suffered an adverse employment action and she failed to state a claim against the doctor.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: September 28, 2023, Case #: 3:22cv2729, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, health Care, Employment Discrimination
J. Pallmeyer denies the plaintiff group of mental health patients' motions for summary judgment, and partially grants the defendant staff of a mental health facility's cross-motions for summary judgment. The patients make multiple negligence and liability claims, arguing the staff should have protected them from a social worker who was sexually abusing them. But the court finds the patients have not sufficiently alleged their supervisory liability and due process claims. The court also tosses the patients' failure-to-intervene claim against one staff member, but the same claim against a separate staff member survives.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: September 25, 2023, Case #: 1:17cv7909 , NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, health Care, Negligence