Where a high school student alleged that he was suspended after expressing non-threatening factual views about a school shooting in Florida, the district court erred in dismissing his First Amendment claim. Schools cannot silence such student speech simply because it ...
Read More »Civil Rights – Student’s First Amendment suit reinstated
Civil Rights – Setting aside of jury verdict was error 
Where the district court lacked insight into why the jury deadlocked on an excessive force claim brought by a detainee against a prison official, but awarded the detainee damages for his retaliation claim, it erred by assuming the two decisions ...
Read More »Civil Rights – Jury to decide if fatal shooting was warranted 
Where there were disputed facts over whether the decedent’s conduct provided justification for a state trooper to fire fatal shots, including that the officer claimed the man turned toward him while raising his hands, but the decedent was shot in ...
Read More »Civil Rights – Detainee’s deliberate indifference claim fails 
Where an inmate claimed that prison officials violated the Eighth Amendment by failing to decontaminate him in a timely manner after his exposure to pepper spray, but there was only a short delay in decontamination with no aggravating factors such ...
Read More »Civil Rights – Delaying detainee’s medication isn’t deliberate indifference 
Where a detainee alleged that prison officials acted with deliberate indifference by delaying his receipt of medications, but none of his communications suggested that urgent intervention was required to avoid a risk of harm and there was no evidence the ...
Read More »Civil Practice — Rule 60 Motion – Untimely – Criminal Record – Habeas Corpus – Expungement 
Even though plaintiff was proceeding pro se in 2017 when the Industrial Commission ruled that, in 2011, the State Bureau of Investigation had properly noted that defendant’s 1969 murder conviction had been set aside, the Rules of Civil Procedure nonetheless ...
Read More »Civil Practice — Rule 60 Motion – Untimely – Criminal Record – Habeas Corpus – Expungement 
Even though plaintiff was proceeding pro se in 2017 when the Industrial Commission ruled that, in 2011, the State Bureau of Investigation had properly noted that defendant’s 1969 murder conviction had been set aside, the Rules of Civil Procedure nonetheless ...
Read More »Civil Practice — Venue – Constitutional – Due Process – Hearing Notice 
Both the franchisee defendants and the franchisor defendant had moved to change venue when plaintiff noticed a hearing on change of venue for 12 December 2019. Plaintiff did not indicate which venue motion she was calendaring; however, the final calendar ...
Read More »Civil Practice — Interlocutory Appeals – Entry of Default – Vacatur 
Although a deputy commissioner entered default against defendant, when defendant appealed, the Industrial Commission vacated the entry of default and remanded to the deputy commissioner for a full evidentiary hearing on the merits. Since the action has not been disposed ...
Read More »Civil Rights – State expert rule inapplicable in federal court 
A detainee’s claim against prison officials for lack of meaningful medical treatment was improperly dismissed. Although state law requires certification from a medical expert before filing a medical negligence claim in state court, that requirement does not apply in federal ...
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