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Education – Sexual abuse – Deliberate indifference
Where a plaintiff who was sexually abused by a coach in her school system brought suit alleging that defendant school employees knew about the sexual abuse but failed to protect her, a grant of summary judgment in favor of the defendants should be affirmed because the plaintiff has not alleged any facts suggesting deliberate indifference.
1st Circuit finds for MIT in first campus protest free speech case
The 1st Circuit ruled MIT was not liable under Title VI for antisemitic protests, reaffirming strong First Amendment protections on campus.
Education – Harassment – Deliberate indifference
Where a Title VI claim was brought alleging that the defendant Massachusetts Institute of Technology failed to take sufficient action to curtail a surge of anti-Israel and pro-Palestinian student protests, the dismissal of that claim should be affirmed because (1) the allegations do not plausibly rise to the level of actionable harassment required by Title VI and (2) MIT was not deliberately indif[...]
Prisons – Deliberate indifference – Punitive damages
Where a plaintiff prisoner alleged that staff nurses exhibited deliberate indifference to his serious medical needs after he suffered a broken jaw in an altercation with correctional officers, there was […]
Prisons – Suicide – Deliberate indifference
Where the plaintiff’s mother committed suicide by hanging herself with a shoelace in her medical housing unit cell, four correctional officer defendants cannot be held liable for deliberate indifference to […]
Prisons – Deliberate indifference – Broken jaw
Where two defendant staff nurses at a prison were awarded summary judgment in a 42 U.S.C. 1983 action by a plaintiff inmate who alleged that the medical treatment he received […]
Prisons – Deliberate indifference – Padlocks
Where plaintiff inmates in the Maine State Prison charged the defendant officials of the Maine Department of Corrections with deliberate indifference to a substantial risk that inmates would use padlocks […]
Prisons – Deliberate indifference – Damages
Where a former inmate was awarded $16,000 by a jury on a deliberate indifference claim against three correctional officers after he was beaten by a violent and mentally ill cellmate, this award of less than one third of the plaintiff's medical expenses is not supported by the evidence.
Prisons – Deliberate indifference – Nurses
Where the plaintiff prisoner claimed that he informed the defendant nurses that his jaw was broken and asked to be taken to the hospital, and that both nurses refused to do so, this is insufficient, without more, to establish deliberate indifference.
Prisons – Deliberate indifference – Legal representation
Where the plaintiff inmate alleges that the defendants were deliberately indifferent to his serious medical need for adequate treatment of his degenerative spine disease, (1) the claims that are time-barred must be dismissed, (2) the defendant's motion for summary judgment must be denied because the plaintiff has alleged a plausible claim and (3) the plaintiff must be offered the opportunity to be[...]
Prisons – GID – Deliberate indifference
Where the Department of Correction has been deliberately indifferent to the medical needs of a plaintiff inmate diagnosed with a gender identity disorder, the DOC must conduct an individualized assessment of the plaintiff's readiness for sex reassignment surgery.
Prisons – Deliberate indifference – HIV
Where defendants were awarded summary judgment in a civil rights suit by a plaintiff inmate of the Maine corrections system, the judgment must be vacated as to a physician assistant based on a material dispute as to whether he acted with deliberate indifference to the plaintiff's serious medical needs.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
