186 results for 'filedAt:"2024-02-22"'.
J. Bryson allows plaintiff to continue defamation claims contending coworkers falsely stated up the chain of command that plaintiff "had relapsed, was fired, and had gone crazy," which constituted a plausibly defamatory statement.
Court: USDC Delaware, Judge: Bryson, Filed On: February 22, 2024, Case #: 1:23cv148, NOS: Employment - Civil Rights, Categories: Employment, Defamation
J. Harris finds the lower court improperly granted summary judgement to the police officer. There is still genuine dispute over whether the officer knew that the German shepherd he shot was actually tethered somewhat unconventionally to a 25-foot zip line connecting two trees in the yard. Affirmed.
Court: 4th Circuit, Judge: Harris, Filed On: February 22, 2024, Case #: 22-2120, Categories: Evidence, Police Misconduct
J. Diaz finds the lower court properly denied the correctional officers motion for summary judgement. The officer, accused of forcing an employee she mistook for a prisoner to strip search, is not entitled to qualified immunity because body cavity or strip search of a prison employee is reasonable only if officials have reasonable and individualized suspicion the employee is carrying contraband. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: February 22, 2024, Case #: 21-1960, Categories: Constitution, Police Misconduct, Prisoners' Rights
J. Schutz finds the censure of the trustee during an executive session by the board of trustees constituted a formal action by the board because it implicated public concerns and would affect the town at large. Therefore, the action violated the Colorado Open Meetings Law because it was not conducted in a public session and the lower court erroneously denied the trustee's motion for summary judgment. On remand, the lower court is ordered to enter a judgment to declare the censure void and award reasonable attorney fees to the trustee. Reversed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: February 22, 2024, Case #: 2024COA18, Categories: Government, Public Record, Attorney Fees
J. Pearce finds that the district court improperly denied an adoptee’s petition to unseal her birth parents’ records. The adoptee argues knowing the identity of her parents was necessary so the child could know health, genetic or social information about her family. The district court concluded she had failed to establish good cause for the records, but focused solely on the mother’s privacy. This case is remanded to evaluate the motion and correctly balance the weight of the mother’s privacy with why the adoptee wants the records. Reversed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: February 22, 2024, Case #: 20221097, Categories: Family Law, Public Record, Privacy
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J. Kilbane finds the lower court improperly granted the hospital's motion in limine to exclude the estate's expert witness. The physician testified with the required degree of medical certainty the hospital's failure to recognize symptoms of acidosis and renal dysfunction was the proximate cause of the decedent's death. Although the physician could not testify the exact cause of the decedent's ischemic bowel, such specificity was not necessary to establish proximate cause; therefore, the expert testimony should have been admitted and the hospital's motion for summary judgment denied. Reversed.
Court: Ohio Court Of Appeals, Judge: Kilbane, Filed On: February 22, 2024, Case #: 2024-Ohio-659, Categories: Experts, Wrongful Death, Medical Malpractice