VERDICT: $1,081,265 verdict trebled by Judge Christensen to $3,243,795 damages for false or fraudulent ARD claims by CARD plus $2,582,228 False Claim Act penalties for total of $5,826,023 to US with Qui Tam Relator BNSF awarded 25% of total proceeds plus fees/costs (claim for $1.4 million pending). [Read more…]
$5,826,023 verdict/judgment, fraudulent ARD claims
VERDICT: $1,081,265 verdict trebled by Judge Christensen to $3,243,795 damages for false or fraudulent ARD claims by CARD plus $2,582,228 False Claim Act penalties for total of $5,826,023 to US with Qui Tam Relator BNSF awarded 25% of total proceeds plus fees/costs (claim for $1.4 million pending). [Read more…]
Excessive force arrest, Monell claim against County
EXCESSIVE FORCE ARREST: Monell claim against County for deputy kicking Plaintiff in head while handcuffed and on ground dismissed for failure to show pattern/practice or ratification… Plaintiff’s treating doctor and nurse allowed to testify as to medical causation but only as long as opinions were formed during treatment… Molloy. [Read more…]
$5,000 verdict, timber trespass property damage
VERDICT: $5,000 timber trespass property damage. [Read more…]
Defense verdict, injury cleaning feces contaminated cell
VERDICT: Defense, prisoner not subjected to cruel & unusual punishment as he was not subjected to dangerous work conditions in relation to cleaning feces contaminated cell during which he fell and broke his shoulder. [Read more…]
Officer sexual assault, course & scope, FTCA
OFFICER SEXUAL ASSAULT: Law enforcement officers do not as matter of law act outside scope of employment when they use their authority to sexually assault a person they are investigating, question is for trier of fact… answer to 9th Circuit certified question on appeal from Watters’s conclusion that BIA officer who assaulted tribal member was not in course & scope in FTCA case. [Read more…]
Officer sexual assault, certified question accepted
OFFICER SEXUAL ASSAULT: Whether law officers act within course & scope per FTCA when they use their authority to sexually assault certified question from 9th Circuit accepted. [Read more…]
Officer sexual assault, FTCA course & scope, certified
OFFICER SEXUAL ASSAULT: Whether law officers act within course & scope per FTCA when they use their authority to sexually assault certified to Montana Supreme Court… order on appeal from Watters’s conclusion that BIA officer who assaulted tribal member was not in course & scope. [Read more…]
Railroad right of way reversionary interest
RAILROAD RIGHT OF WAY: US retained reversionary interest in abandoned right of way traversing Plaintiff’s land under 1988 Rails-to-Trails Act where Plaintiff failed to obtain a decree under 1922 Abandoned Railroad Right of Way Act… Christensen affirmed. [Read more…]
Defense verdict, 8th-amendment TMJ surgery claim
VERDICT: Defense, 8th-Amendment claim of deliberate indifference towards prisoner’s need for TMJ surgery. [Read more…]