UNREASONABLE FORCE ARREST: Sanction designating that officers used unreasonable force to arrest Plaintiff imposed for failure to preserve security camera video of Probation & Parole Office parking lot where arrest occurred… issues of causation, injury, damages, and whether officers acted with malice reserved for jury… Morris. [Read more…]
Constructive discharge, emotional distress preemption
CONSTRUCTIVE DISCHARGE: Emotional distress properly dismissed as preempted by WDA… challenge to Rule 615 corporate rep’s presence in courtroom during discharge trial properly rejected… Vannatta affirmed (IOR I-3(c)). [Read more…]
Medical examiners, licensure negligence/nuisance
MEDICAL EXAMINERS: Supervisory control denied as to Judge Krueger’s denial of Rule 12(b)(6) motion for dismissal from action alleging negligence and private & public nuisance for failing to deny or terminate license of psychiatrist who allegedly prescribed improper meds… public duty/quasi-judicial immunity arguments more properly first developed and argued below… order. [Read more…]