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U.S. v. Litos, No. 16-1384 (7th Cir.) (847 F.3d 906) (February 10, 2017) (Judge Richard A. Posner)

Article • April 10, 2017 • from P&J April, 2017

Filed under: Punch And Jurists, Deliberate Indifference

U.S. v. Litos, No. 16-1384 (7th Cir.) (847 F.3d 906) (February 10, 2017) (Judge Richard A. Posner) by The restitution statute at issue in this case was the Mandatory Victim Restitution Act of 1996, 18 U.S.C. § 3663A (“MVRA”), which was enacted to provide mandatory compensation to victims of certain …

U.S. v. Terrell County, GA, No. 1:04-CV-76 (WLS) (M.D.Ga.) (457 F.Supp.2d 1359) (September 29, 2006) (Judge W. Louis Sands)

Article • January 1, 2007 • from P&J January, 2007

Filed under: Punch And Jurists, Deliberate Indifference

U.S. v. Terrell County, GA, No. 1:04-CV-76 (WLS) (M.D.Ga.) (457 F.Supp.2d 1359) (September 29, 2006) (Judge W. Louis Sands) by In this case, District Judge W. Louis Sands found that the sheriff and other officials of Terrell County, GA were deliberately indifferent to the “grossly deficient” conditions in the local …

Helling v. McKinney, No. 91-1958 (U.S. Supreme Court) (509 U.S. 25; 113 S.Ct. 2475) (June 18, 1993) (Justice White)

Article • September 10, 2005

Filed under: Punch And Jurists, Deliberate Indifference

Helling v. McKinney, No. 91-1958 (U.S. Supreme Court) (509 U.S. 25; 113 S.Ct. 2475) (June 18, 1993) (Justice White) by In this case involving potential future damages from environmental tobacco smoke (ETS), the Court rejected the prison's position that the deliberate indifference standard only applies to circumstances that pose a …

Farmer v. Brennan, No. 92-7247 (U.S. Supreme Court) (511 U.S. 825; 114 S.Ct. 1970) (June 6, 1994) (Justice Souter)

Article • September 2, 2004

Filed under: Punch And Jurists, Deliberate Indifference

Farmer v. Brennan, No. 92-7247 (U.S. Supreme Court) (511 U.S. 825; 114 S.Ct. 1970) (June 6, 1994) (Justice Souter) by In this case, involving prison conditions (as opposed to the excessive use of force), the Court established that the test for Eighth Amendment liablity of a prison official is deliberate …

Scicluna v. Wells, No. 02-2117 (6th Cir.) (345 F.3d 441) (October 2, 2003) (Judge Ronald Lee Gilman)

Article • October 1, 2003 • from P&J October, 2003

Filed under: Punch And Jurists, Deliberate Indifference

Scicluna v. Wells, No. 02-2117 (6th Cir.) (345 F.3d 441) (October 2, 2003) (Judge Ronald Lee Gilman) by Scicluna v. Wells, 345 F.3d 441 (6th Cir. 2003) (Judge Gilman) Majors v. Ridley-Turner, 277 F.Supp.2d 916 (N.D.Ind. 2003) (Judge Sharp) The decisions in these two cases help to explain why so …

Majors v. Ridley-Turner, No. 3:03-CV-0585 AS (N.D.Ind.) (277 F.Supp.2d 916) (August 18, 2003) (Judge Allen Sharp)

Article • October 1, 2003 • from P&J October, 2003

Filed under: Punch And Jurists, Deliberate Indifference

Majors v. Ridley-Turner, No. 3:03-CV-0585 AS (N.D.Ind.) (277 F.Supp.2d 916) (August 18, 2003) (Judge Allen Sharp) by Here the Court held that a series of barbaric and incompetent acts by prison dentists on an unmate die not rise to the level of deliberate indifference required by the Eighth Amendment since …

County of Sacramento v. Lewis, No. 96-1337 (U.S. Supreme Court) (523 U.S. 833; 118 S.Ct. 1708) (May 26, 1998) (Justice Souter)

Article • August 8, 2002

Filed under: Punch And Jurists, Deliberate Indifference

County of Sacramento v. Lewis, No. 96-1337 (U.S. Supreme Court) (523 U.S. 833; 118 S.Ct. 1708) (May 26, 1998) (Justice Souter) by In this case the police engaged in a high speed chase of a teen-aged suspect that resulted in the death of a passenger in the suspect's motorcycle when …

Snider v. Dylag, No. 98-2271 (2nd Cir.) (188 F.3d 51) (August 23, 1999) (Judge Ralph K. Jr. Winter)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Deliberate Indifference

Snider v. Dylag, No. 98-2271 (2nd Cir.) (188 F.3d 51) (August 23, 1999) (Judge Ralph K. Jr. Winter) by This case calls to mind the question once asked by the Roman scholar Juvenal: "Quis custodiet ipsos custodes"- which, roughly translated, means "who will guard the guardians"? Here, reversing a decision …

McNally v. Prison Health Services, Inc., No. CIV. 98-290-P-C (D.Me.) (28 F.Supp.2d 671) (December 8, 1998) (Judge Gene Carter)

Article • February 1, 1999 • from P&J February, 1999

Filed under: Punch And Jurists, Deliberate Indifference

McNally v. Prison Health Services, Inc., No. CIV. 98-290-P-C (D.Me.) (28 F.Supp.2d 671) (December 8, 1998) (Judge Gene Carter) by Court held that prisoner's allegations of denial of medication to treat HIV was sufficient allegation of deliberate indifference to prevent dismissal of complaint for damages on summary judgment basis.

Wilson v. Seiter, No. 89-7376 (U.S. Supreme Court) (501 U.S. 294; 111 S.Ct. 2321) (June 17, 1991) (Justice Scalia)

Article • June 7, 1998

Filed under: Punch And Jurists, Deliberate Indifference

Wilson v. Seiter, No. 89-7376 (U.S. Supreme Court) (501 U.S. 294; 111 S.Ct. 2321) (June 17, 1991) (Justice Scalia) by In this case, the Court explained the difference between what it perceived were two general categories of Eighth Amendment claims in the prison setting: those involving "conditions of confinement" and …

McDuffie v. Hopper, No. Civ. A. 96-A-1300-N (M.D.Ala.) (982 F.Supp. 817) (October 23, 1997) (Judge William H. III Albritton)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Deliberate Indifference

McDuffie v. Hopper, No. Civ. A. 96-A-1300-N (M.D.Ala.) (982 F.Supp. 817) (October 23, 1997) (Judge William H. III Albritton) by Wright v. Coughlin, 132 F.3d 133 (2nd Cir. 1998) (Judge Walker) Shepherd v. Ault, 982 F.Supp. 643 (N.D.Iowa 1997) (Judge Bennett) McDuffie v. Hopper, 982 F.Supp. 817 (M.D.Ala. 1997) (Judge …

Rish v. Johnson, No. 96-7889 (4th Cir.) (131 F.3d 1092) (December 18, 1997) (Judge William W. Jr. Wilkins)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Deliberate Indifference

Rish v. Johnson, No. 96-7889 (4th Cir.) (131 F.3d 1092) (December 18, 1997) (Judge William W. Jr. Wilkins) by Rish v. Johnson, 131 F.3d 1092 (4th Cir. 1997) (Judge Wilkins) Heisler v. Kralik, 981 F.Supp. 830 (S.D.N.Y. 1997) (Judge Cote) These two cases are noted because they present a current …

Dulany v. Carnahan, No. 96-2427 (8th Cir.) (132 F.3d 1234) (December 31, 1997) (Judge David R. Hansen)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Deliberate Indifference

Dulany v. Carnahan, No. 96-2427 (8th Cir.) (132 F.3d 1234) (December 31, 1997) (Judge David R. Hansen) by Over the dissent of Judge Arnold, the Court held that withholding medical attention for over a week to a prisoner complaining of heart pains did not constitute deliberate indifference to a serious …

Lewis v. Sacramento County, No. 93-15924 (9th Cir.) (98 F.3d 434) (October 9, 1996) (Judge Harry Pregerson)

Article • November 1, 1996 • from P&J November, 1996

Filed under: Punch And Jurists, Deliberate Indifference

Lewis v. Sacramento County, No. 93-15924 (9th Cir.) (98 F.3d 434) (October 9, 1996) (Judge Harry Pregerson) by This 42 U.S.C. § 1983 case involved a high-speed pursuit of two teenagers on a motorcycle by a law enforcement officer in a patrol car. One of the teenagers was killed. The …