40 results for 'judge:"Jung"'.
J. Jung denies the Department of Corrections food service provider's motion to dismiss the diabetic inmate's suit alleging that it has consistently failed to provide diabetic inmates with timely, adequate meals. The inmate has adequately pleaded that the alleged failure to provide meals constitutes deliberate indifference to a serious medical need, and while he has not stated sufficient facts to show that the food service provider has a policy of serving diabetic inmates late, he has pleaded sufficient facts to support the allegation that the meals are calorically and nutritionally deficient. Finally, the prisoner's amended complaint states facts showing the personal involvement of a staff member who responded to the prisoner's grievances in these alleged violations, reviving previously-dismissed claims against that staff member, though the prisoner is cautioned that failure to prove those allegations may result in sanctions.
Court: USDC Middle District of Florida, Judge: Jung, Filed On: March 26, 2024, Case #: 8:23cv26, NOS: Prison Condition - Habeas Corpus, Categories: Civil Rights, Prisoners' Rights
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J. Jung finds in favor of the driver in her civil rights complaint alleging she was falsely arrested for a DUI. Video evidence shows that the officer did not properly administer the field sobriety tests. Furthermore, the driver spoke clearly, was steady on her feet, and told the officer that she only had two to three alcoholic ciders over the course of 6.5 hours. A reasonable officer would not not believe that the driver was impaired.
Court: USDC Middle District of Florida, Judge: Jung, Filed On: March 18, 2024, Case #: 8:22cv2356, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Jung denies the defendant drugmakers' motion to dismiss or for a more definite statement in the plaintiff drugmakers' suit against them claiming that the defendants' as-yet-unapproved epinephrine products will infringe the plaintiffs' existing patents for epinephrine products if approved by the Food and Drug Administration. The plaintiffs have sufficiently alleged that they have an interest in the patents-in-suit, that they have received required certification in the form of two notice letters, that the defendants hold the disputed new drug application and that the proposed product falls within the claims of their patent.
Court: USDC Middle District of Florida, Judge: Jung, Filed On: February 22, 2024, Case #: 8:23cv1953, NOS: Patent - Property Rights, Categories: Commerce, Patent