Tag: Deliberate Indifference
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Law Enforcement Expert Allowed to Opine on Massage Business Inspections
Plaintiff Dai Trang Thi Nguyen brought this action against Defendant City of San Jose and Individual Supervisor Defendants Joseph Hatfield and Rachel Roberts alleging that a former City Code Inspector William Gerry sexually assaulted and extorted Plaintiff during his code enforcement inspections of her massage business, and Defendants allowed Gerry’s conduct to occur in deliberate…
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Neurology Expert’s Legal Theories Excluded
J. M. was diagnosed with epilepsy in sixth grade. His condition was treated with multiple medications, but he continued to have breakthrough seizures. Sam’s Law (HB 684) requires all Texas public school personnel to be trained in the recognition of seizures and providing seizure first aid. On August 24, 2022, J. M. had a seizure…
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Emergency Medicine Expert’s Testimony on Jail Policies Admitted
Jeff Trevillion, as Special Administrator for the Estate of Louis Perales,deceased (“the Estate”), filed a claim for cruel and unusual punishment against the arresting officer and the jail staff in their individual capacities, and Sheriff Scott Owen (“Owen”) in his official capacity as Sheriff of Washington County, Oklahoma. The Estate alleged that the Defendants’ policy…
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General Surgery Expert Was Barred From Using the Precise Legal Phrase “Deliberately Indifferent”
Dezmen McBride was booked into custody at the W.C. “Dub” Brassell Detention Center on May 21, 2021. McBride died 15 days later on June 5, 2021, at the age of 18 years old. Deborah McBride commenced this action alleging that County Defendants and Separate Defendant Lieutenant Samuel Baker, Jr., in his individual capacity: were deliberately…
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Hiring a Neutral Medical Expert Witness is Not Necessary When Complex Questions Are Not Raised
Plaintiff being a state prisoner proceeding pro se with a civil rights complaint sought the appointment of an expert witness in the field of psychiatry and mental health treatment and care and a neutral expert familiar with policies and procedures of the California Department of Corrections and Rehabilitation. Plaintiff alleged that while he was housed…
