JAIL INMATE ALCOHOL WITHDRAWAL DEATH: Entirety of longstanding case involving death from alcohol withdrawal syndrome dismissed as to Blaine Co. and most of case as to Hill Co. regarding vicarious liability for hospital’s conduct in turning him away as “playing” jailers because he did not want to be in jail… Cuffe. [Read more…]
Appeal procedure, rehearing brief word count fudging
APPELLATE PROCEDURE: Word count in petition for rehearing improperly fudged with hyphens… order. [Read more…]
Foreclosure, 2011 judgment final, en masse sheriff’s sale
FORECLOSURE: 2011 foreclosure order was a final judgment that was appealed twice, challenge to 2011 en masse sheriff’s sale should have been brought at that time, but in any event there was no abuse of discretion in en masse sale, present suit against County properly rejected… Cuffe affirmed (IOR I-3(c)). [Read more…]
Malicious pros, unfounded complaint against accountant
MALICIOUS PROSECUTION and other claims against County stemming from unfounded complaint of operating as accountant without a license in racially charged situation properly dismissed for failure to state a claim… Oldenburg affirmed (IOR I-3(c)). [Read more…]
Vicarious hospital liability, jail inmate DT death
VICARIOUS LIABILITY: County in which inmate died from DTs not liable for hospital’s negligence… Sandefur reversed. [Read more…]
Subdivision, water defect claims time-barred
SUBDIVISION: Water defect claims properly rejected as time-barred, accrual rulings as to 2 Defendants properly applied per law of case to 3 Defendants… Wilson affirmed. [Read more…]
Prosecutorial immunity, dismissed boy rape of boy
PROSECUTORIAL IMMUNITY: Special deputy entitled to absolute prosecutorial immunity in concluding that Sheriff’s Office incident report without forensic interview established probable cause to believe that boy had raped another boy, an allegation by father that was subsequently dismissed as greatly exaggerated. . . immunity properly extended to County and State. . . claims against County also precluded by public duty doctrine and lack of evidence of negligence in forwarding report for further investigation. . . Seeley affirmed. [Read more…]
Sexual harassment, gravamen, allegations against officer
SEXUAL HARASSMENT: Gravamen of dispatcher’s allegations against officer of repeated and unwanted sexual advances sound in discrimination rather than tort, HRA provides the exclusive remedy. . . dismissed for failure to exhaust HRA. . . Berger. [Read more…]
Unlawful entry, $2 verdict against Deputy
UNLAWFUL ENTRY: $2 verdict for Deputy’s unlawful entry into home affirmed over claim that verdict did not require jury to find that his entry was combined with “an attempt to find something or to obtain information within the residence,” since deputy admitted that he entered to ensure that someone was supervising a young boy he had seen outside (even if he was not looking for person in DUI crash)… Molloy affirmed (unpublished). [Read more…]
Discrimination, $1,350,000 for distress cut to 0
DISCRIMINATION: $1,350,000 emotional distress award for Indian jail inmate who died of alcohol withdrawal properly reversed by Sherlock due to HRC irregularities, Spear’s original 0 order properly reinstated as final order… order by Reynolds overruling Sherlock reversed on cross-appeal by counties. [Read more…]