JAIL NEGLIGENCE claims by Estate of inmate who died of DTs not precluded by HRB findings of no race or alcohol disability discrimination… fact issues remain as to liability of Counties… Cuffe reversed, affirmed. [Read more…]
Malicious prosecution, negligent vehicular homicide
MALICIOUS PROSECUTION and other claims stemming from charges of negligent vehicular homicide and 5 counts of negligent vehicular assault arising from MVA with dispute as to who was driving, failure to disclose long brown hair found in driver’s door, and 2 hung juries, and ultimate dismissal rejected on summary judgment… Gilbert. [Read more…]
Marital discrimination, irrigation district allocation
MARITAL DISCRIMINATION claim based on allocation of water to couple as 1 individual rejected for lack of showing of injury… Jeffrey Doud. [Read more…]
Medical marijuana zoning, preliminary injunction
MEDICAL MARIJUANA: Preliminary injunction properly granted allowing continued operation pending litigation on compliance with zoning regulations… Eddy affirmed (memorandum). [Read more…]
Procedure, Rule 41(b) dismissal for failure to prosecute
PROCEDURE: Service dog case dismissed pursuant to Rule 41(b) for failure of Charging Party to prosecute, not sufficient to tell OAH to “just f__k off”… Hearing Officer Judy Bovington. [Read more…]
FMLA/due process, discharged surgical technologist
FMLA/DUE PROCESS claims by discharged surgical technologist properly rejected based on res judicata and statute of limitations following $80,762 wrongful discharge verdict… Morris affirmed (memorandum). [Read more…]
Jail inmate alcohol withdrawal death, counties’ liability
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…]
Wrongful discharge, $80,762 verdict, surgical tech
WRONGFUL DISCHARGE: $80,762 verdict for surgical technologist affirmed… invasion of privacy, defamation claims properly dismissed on summary judgment, JML… Olson affirmed (IOR I-3(c)). [Read more…]
Police rape 1, statute of limitations
POLICE RAPE 1: Claims against City and County for drug officer’s alleged rape of CI barred by statute of limitations, lack of vicarious liability. . . Menahan. [Read more…]
Police rape 2, statute of limitations
POLICE RAPE 2: Claims against City and County for drug officer’s alleged rape of CI barred by statute of limitations, lack of vicarious liability. . . Menahan. [Read more…]