14 results for 'cat:"Constitution" AND cat:"Negligence"'.
J. Eaton finds the trial court properly granted summary judgment to a power company and construction company based on the 20-year statute of repose in this wrongful death and negligence lawsuit filed by the decedent’s estate. The estate alleges the construction company installed the asbestos and the decedent was exposed through her husband, who worked with the power company that caused the decedent’s mesothelioma and death from the asbestos exposure. The upheld the repose finding the last injury occurrence fell outside the period in relation to the Vermont Constitution. Affirmed.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: May 10, 2024, Case #: 23-AP-217, Categories: constitution, negligence, Wrongful Death
J. Robertson grants a town and several of its school officials’ motion for summary judgment regarding some of the claims brought against them by parents of an autistic student, who was injured and sustained concussions in incidents where he engaged in self-injuring behaviors and then was restrained. It is not established that the concussions were caused by school officials’ use of excessive force while restraining him, rather than caused by his self-injuring behavior or in the process of resisting restraints.
Court: USDC Massachusetts, Judge: Robertson, Filed On: March 22, 2024, Case #: 3:20cv30187, NOS: Other Civil Rights - Civil Rights, Categories: constitution, Education, negligence
[Consolidated.] J. Mitchell reverses the lower court, instead finding that embryos outside of the biological uterus in a cryogenic nursery should be viewed as children, allowing coverage under the state's Wrongful Death of a Minor Act. This permits the parents whose embryos were destroyed to pursue punitive claims against the medical center. Reversed in part.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: February 16, 2024, Case #: SC-2022-0515, Categories: constitution, Government, negligence
J. Kobes finds a lower court properly granted a Corporal's motion for summary judgment concerning a civilian's Fourth Amendment claims. The civilian argued that the off- duty police officer failed to prevent his K9 from biting her, which resulted in injuries and a trip to the hospital. However, the police officer sufficiently showed in court that the K9 spontaneously responded to someone's laughter, and that he immediately restrained the animal, which does not constitute excessive force. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: January 17, 2024, Case #: 22-3051, Categories: constitution, negligence
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J. Peterson grants summary judgment to the county, sheriff, jail administrator and others in a lawsuit from the parents of a woman who died by suicide while in custody at the county's jail. The parents concede that jail staff could not have known about their daughter's suicidal intentions at the time of her death, in part because she spent 18 days in general population denying feeling suicidal and showing no concerning behavior after spending two days on suicide watch, so there is no basis for an Eighth Amendment deliberate indifference claim. The parents' alternative arguments, including those blaming their daughter's death on unconstitutional excessive force and conditions of confinement, fail for a lack of evidence in the record, and their state-law claims are dismissed without prejudice.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: December 7, 2023, Case #: 3:22cv253, NOS: Other Civil Rights - Civil Rights, Categories: constitution, negligence
J. Gordon dismisses the federal claims with leave to amend, alleging First, Fourth, Fifth and Fourteenth Amendment violations, brought by the family of a 12-year-old child who was killed in a hostage situation. No federal constitutional violation has been plausibly alleged. State law claims, including negligence, negligent and intentional infliction of emotional distress, wrongful death and negligent supervision and training are not addressed. The family may file an amended complaint curing deficiencies, otherwise the case will be dismissed without prejudice to the state law claims brought in state court.
Court: USDC Nevada, Judge: Gordon, Filed On: September 6, 2023, Case #: 2:22cv1786, NOS: Other Civil Rights - Civil Rights, Categories: constitution, negligence, Wrongful Death
J. Jacobs finds that the district court improperly dismissed deliberate indifference claims contending an inmate's painful scalp condition had gone untreated for years. The initial pro se complaint against prison administrators should not have been dismissed sua sponte because the complaint contained nonfrivolous claims, and the inmate may amend claims on remand to restate claims against administrators.
Court: 2nd Circuit, Judge: Jacobs, Filed On: July 14, 2023, Case #: 21-2292, Categories: constitution, negligence, Prisoners' Rights
J. Fisher finds that the lower court properly declined to remove certain defendants from childhood sexual abuse claims brought against sponsors of a foster home program for at-risk youth. The law permitting such lawsuits by lifting the statute of limitations was not facially unconstitutional either on its face or as applied to the sponsors because the effect of the passage of time was fully considered in the enabling legislation. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: July 13, 2023, Case #: 534956, Categories: Civil Procedure, constitution, negligence
J. Genovese vacates the trial court's declaration that Act 322, the statute that revived prescribed child sex abuse claims for a limited three-year period, is unconstitutional. There was a statutory basis for sustaining the exception of prescription without having to determine the constitutionality of Act 322, and the instant case was not in the proper procedural posture for constitutional review. Vacated in part.
Court: Louisiana Supreme Court, Judge: Genovese, Filed On: June 27, 2023, Case #: 2022-CA-01826, Categories: Civil Procedure, constitution, negligence
J. Jackson denies a “bizarre” request by the East Baton Rouge Parish sheriff for reconsideration of an apparently favorable ruling dismissing constitutional claims of medical neglect against him, arising from the death of a pretrial detainee in the parish prison. The sheriff “quibbles” with the order that he alone, as “keeper” of the keys, should respond to the suit because adding the same official-capacity claims against other sued entities is confusing and unnecessary. All constitutional claims have been dismissed against the sheriff, the city-parish, and the jail’s private health contractor. So, barring any reinstatement of claims, revisiting the dismissal order would be “an exercise of impermissible speculation.”
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: June 14, 2023, Case #: 3:22cv488, NOS: Other Civil Rights - Civil Rights, Categories: constitution, negligence, Wrongful Death
[Consolidated] J. Peterson finds partially in favor of the county officials and jail medical services companies in the husband’s lawsuit alleging deliberate indifference in their failure to provide his wife with her medications, leading to her death from a heart attack while incarcerated. The officials' and companies’ motion to dismiss is largely denied with the exception of an individual capacity claim against a police captain who oversaw the jail, as the husband has done enough to plausibly allege unconstitutional policies which cause the companies to provide “cheap and inferior health care,” but he has not shown the captain was himself involved with his wife’s care. The husband’s objections to the magistrate judge’s previous discovery order are sustained, and the magistrate’s order quashing the husband’s subpoenas is set aside and he is allowed to pursue legal documents and settlement agreements that might be relevant to his Monell claims.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 13, 2023, Case #: 3:20cv1123, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, constitution, negligence