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Deliberate Indifference Law
 
STATE OF MONTANA v. DENNIS LEO SCHOWENGERDT Deer Lodge man gets life for wife's murder

The initial facts of the case are undisputed: On December 8, 2012, Schowengerdt
killed his wife, Tina Schowengerdt, by repeatedly stabbing her in their home near Deer
Lodge. The following morning, Schowengerdt drove to the police station in Deer Lodge
and, in a recorded statement, told officers that last night he, “killed that son of a bitch [he]
was living with. So arrest me... More...
   $0 (01-19-2018 - WY)

UNITED STATES OF AMERICA v. DAVID E. GORSKI

The charges against Gorski pertain to his role as founder
and vice president of a general contracting and construction
services company, Legion Construction, Inc. Gorski developed the
plan for the company in late 2005. From 2006 to 2010, Legion took
advantage of federal programs in which certain federal agencies
awarded government contracts on a preferential basis to sma... More...
   $0 (01-19-2018 - MA)

State of Tennessee v. Quantez Person Jury hung in trial of former FedEx employee accused of rape, exposing HIV

Originally charged with aggravated rape and criminal exposure to HIV, the defendant was convicted by a Shelby County Criminal Court jury of criminal exposure to HIV based upon hisengaging in unprotected sexual acts with the victim in March 2012.

At the defendant’s May 2016 trial, the victim testified that as she walked from her home to the home of a friend, a man driving a Chrysler conver... More...
   $0 (01-18-2018 - TN)

Dering Pierson Group, L.L.P. v. Daniel Thomas Kantos District of Minnesota Federal Courthouse - Minneapolis, Minnesota

In the bankruptcy case of Daniel Thomas Kantos (“Debtor”), Dering Pierson Group, LLC (“DPG”) filed suit seeking a determination that its claim against Debtor is nondischargeable. The Bankruptcy Court1 held that DPG had not sustained its burden of proving that Debtor had willfully or maliciously caused an injury to DPG under § 523(a)(6). It also concluded that collateral estoppel did not apply beca... More...   $0 (01-18-2018 - MN)

William Childress v. The State of Texas Third Court of Appeals, Austin, Texas

The jury heard evidence that, on the evening of March 13, 2016, Childress was in the
crowded Sixth Street entertainment district in downtown Austin during the South by Southwest
music festival. Officer John Evers testified that he first encountered Childress after a disturbance
arose between Childress and a security guard working outside of a restaurant. According to
Officer Ever... More...
   $0 (01-16-2018 - TX)

Christopher Rene Lopez v. The State of Texas Christopher Rene Lopez Registered Sex Offender

Luis Osorio Chavez was the foreman for a landscaping work crew that
included Lopez and Manual Duran. During a typical workday in May 2014, the
three men climbed into a truck around 2:30 p.m. to leave a work site. Chavez
was in the driver’s seat, Lopez was in the passenger’s seat, and Duran sat
between them.
While in the truck, Chavez heard Lopez say something like, “[S]o y... More...
   $0 (01-16-2018 - TX)

STATE OF KANSAS v. JOSHUA MICHAEL MALL

On October 5, 2015, Mall made the fatal decision to drink alcohol and drive his truck. Unfortunately, Mall included his 6-year-old daughter, Madilyn, in that decision. After drinking nearly half of a bottle of whiskey and smoking some marijuana, Mall put Madilyn into his 2001 Ford Ranger and decided to drive. Mall sped down Tuttle Creek Boulevard in Manhattan, Kansas, weaving in and out of traffic... More...   $0 (01-16-2018 - KS)

STATE OF KANSAS v. JAIME MICHELLE CARTER

The facts in this case are tragic but they are not complex and are not challenged in this appeal. The procedural history, however, is extensive and relevant and must be laid out in some detail.

In the early evening of May 25, 2014, Carter was involved in a collision in Leavenworth County. Her eastbound sedan crossed the road's centerline and struck a motorcycle driven by Kristopher Steu... More...
   $0 (01-16-2018 - KS)

Melisa Richmond v. Rubab Huq, et al. Eastern District of Michigan Countroom - Ann Arbor, Michigan

Plaintiff Melisa Richmond was
incarcerated in the Wayne County Jail from December 26, 2012 through February 13, 2013.

While in the custody of the Jail, Richmond received treatment for a self-inflicted burn wound on
her chest as well as for psychological needs. Richmond contends that she received
constitutionally inadequate treatment for her burn wound, which necessitated skin ... More...
   $0 (01-16-2018 - MI)

Maria V. Pena v. City of Rio Grande City, Texas, Rosa Salinas, Jose Solis Southern District of Texas Courthouse - Houston, Texas

Maria Peña sustained injuries as a result of a tasing by police officers for the City of Rio Grande City. Peña sued the city and two of the officers in state court, alleging excessive force under 42 U.S.C. § 1983 and negligence under the
Case: 16-41522 Document: 00514306262 Page: 1 Date Filed: 01/12/2018
No. 16-41522
2
Texas Tort Claims Act (“TTCA”).
1 Upon removal, the distric... More...
   $0 (01-15-2018 - TX)

STATE OF OHIO vs. ERIC M. MCNEIR

On November 20, 2015, the Cuyahoga County Grand Jury indicted McNeir
with two counts of aggravated murder; one count of murder; one count of attempted
murder with a notice of prior conviction and a repeat violent offender specification; two
counts of aggravated robbery with a notice of prior conviction and a repeat violent
offender specification; seven counts of felonious ass... More...
   $0 (01-13-2018 - OH)

State of Louisiana v. Brandon Dale Thomas Calhoun man sentenced to 50 years for crimes against nature

Thomas was charged by bill of information with 13 counts of
aggravated crime against nature. The victim, M.C.1, is Thomas’
stepdaughter. The bill alleged that these crimes occurred between October
6, 2012, and July 25, 2016.
On December 19, 2016, pursuant to a plea agreement, Thomas
appeared and pled guilty to four counts of the reduced charge of attempted
aggravate... More...
   $0 (01-12-2018 - LA)

Jered Sasen v. Richard V. Spencer District of Massachusetts Federal Courthouse - Boston, Massachusetts

This case, which pits a retired
petty officer against the United States Navy, is awash with novel
legal questions concerning the application and operation of
Article 31 of the Uniform Code of Military Justice (UCMJ). These
questions center on Article 31(b), which requires that a sailor
suspected of an offense be warned both that he need not make any
statement regarding that... More...
   $0 (01-12-2018 - MA)

State of Oklahoma v. Juanita Gomez Oklahoma County Oklahoma Courthouse - Oklahoma City, Oklahoma

Oklahoma City, OK - Woman Gets Life For Killing Her Daughter

The State of Oklahoma charged Juanita Martinez Gomez, age 51, with:


Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 08/27/2016
Party Name Disposition Information
GOMEZ, JUANITA MARTINEZ

Gomez was charged with killing her daughter whil... More...
   $0 (01-12-2018 - OK)

Evertee Simmons and Dontell Stephens v. Ric Bradshaw, Palm Beach Sheriff Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Dontrell Stephens was shot four times by Deputy Sheriff Adams Lin during
an encounter in West Palm Beach, Florida, on September 13, 2013. As a result,
Stephens now suffers from permanent paralysis.
In an action brought against Deputy Lin as an individual and Sheriff Ric
Bradshaw in his official capacity as the sheriff of Palm Beach County, the district
court granted summary jud... More...
   $0 (01-11-2018 - FL)

State of Tennessee v. Curtis Johnson, Jr. Tennessee Court of Criminal Appeals

On November 2, 2015, a Madison County Grand Jury returned an eleven-count indictment against the Defendant for three counts of aggravated robbery, one count of especially aggravated kidnapping, one count of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony. The Defendant was also indicted for five counts of violating the gang enhancement statute... More...   $0 (01-10-2018 - TN)

Julianne M. Gross vs. Jackson County, Missouri Jackson County, Missouri

Wife and Husband were married on May 19, 2006, and three children were born of the
marriage. On February 6, 2015, Wife filed a petition for dissolution. On Wife’s motion, the
court appointed GAL Abraham Kuhl to represent the minor children during the proceedings.
The court ordered that both Wife and Husband contribute $1,000 each as security to be applied
to GAL Kuhl’s fees ... More...
   $0 (01-09-2018 - MO)

State of Ohio v. Corby L. Chudzinski Chudzinski guilty in jewelry theft case

Based upon events that occurred on or around February 12-15, 2016, the
Ottawa County Grand Jury indicted appellant on the counts of burglary and theft from an
elderly person. Appellant entered an initial plea of not guilty. Thereafter, a plea deal was
offered to appellant, which he rejected. The matter then proceeded to a jury trial.
{¶ 3} At the trial, the testimony reveale... More...
   $0 (01-08-2018 - OH)

State of Tennessee v. Joshua Michael Stewart Child rapist to serve 33-year prison term

In this case, the Defendant was indicted for rape of a child and two counts of aggravated sexual battery. The victimwas ages seven and eightat thetime of the incidents and was the Defendant’s stepsister.
01/04/2018
-2
The victim testified that her birthday was December 12, 2000, that she was age fifteen at the time of the trial, and that she was in the tenth grade. She said that sh... More...
   $0 (01-08-2018 - TN)

STATE OF NEW MEXICO v. JOHN N. “JACK” McDOWELL, JR., New Mexico Supreme Court

James Chavez died from stab wounds to his chest on July 10, 2011 in his Rio
3 Rancho home. Shortly before his death, Chavez was cleaning his home with two
4 acquaintances, Casey Williams and David Dinelli. Defendant, Defendant’s son, and
5 Anthony Villagomez entered the home to recover goods stolen by Chavez that
6 belonged to Defendant’s son. Villagomez carried a sawed-off shot... More...
   $0 (01-07-2018 - NM)

State of Nebraska v. Greg A. Glass

In 1999, Glass was convicted of second degree murder
and use of a firearm to commit a felony. The charges arose
from the July 1998 shooting death of Glass’ former employer,
Adolph Fentress, Sr. Fentress was shot in the head while working
at an automobile detailing shop, Downtown Auto Sales
(Downtown Auto), which he co-owned. The facts for which
we find support in the record... More...
   $0 (01-06-2018 - NE)

Juan Mendez v. The State of Texas Texas Twelfth District Court of Appeals

Appellant is a forty-four year old inmate, who is incarcerated at the Allen B. Polunsky Unit of the Texas Department of Criminal Justice (TDCJ). He has been incarcerated in TDCJ since he was thirty years old. He previously was incarcerated in TDCJ at age twenty-two. On July 17, 2015, guards discovered a cellular telephone and a cellular telephone charger in Appellant’s cell. Twelve days later... More...   $0 (01-06-2018 - TX)

United States of America v. Robert Carl Sharp Eighth Circuit Courthouse - St. Louis, Missouri

Robert Carl Sharp pleaded guilty after a grand jury returned a three-count
superseding indictment charging him with (1) conspiracy to manufacture and
distribute a controlled substance, in violation of 21 U.S.C. § 846; (2) possession with
intent to distribute a controlled substance, in violation of 21 U.S.C. § 841(a)(1); and
(3) possession with intent to distribute, and aiding and a... More...
   $0 (01-05-2018 - IA)

Todd M. Babin v. Quality Energy Services, Inc. Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Todd M. Babin worked for Quality Energy Services, Inc., until he became disabled in 2012. He applied for short-term disability benefits through Quality Energy’s employee benefit plan. His application was denied in February 2013. In February 2014, he requested documents regarding both the short- and long-term disability plans, but he alleges that Quality Energy never sent those documents to him. Ba... More...   $0 (01-04-2018 - LA)

STATE OF OHIO - vs - MARQUE DAQUAN BROWN

This case stems from an altercation that occurred between appellant and
his girlfriend, Taisha Ramirez, on or about May 25, 2014. On that date, appellant and
Taisha were 20 and 17 years old, respectively. Taisha was approximately seven or eight
months pregnant with appellant’s son. They resided together at the home of Taisha’s
mother, Marilyn Cedeno; Taisha’s brothers, Jose ... More...
   $0 (01-04-2018 - OH)

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