Justia Civil Procedure Opinion Summaries

Shawna Tanner, the plaintiff below, appealed an adverse ruling on summary judgment. Tanner was approximately 35 weeks pregnant and in custody at the Metropolitan Detention Center in Bernalillo County, New Mexico when she went into the final stages of her pregnancy. Over the ensuing thirty hours, commencing with the point at which her water broke, Appellees—employees of a nationwide private medical contractor—ignored and minimized her symptoms, refused to transport her to a hospital, and failed to conduct even a cursory pelvic examination. Only minimal attention was given to her: water, Tylenol, and sanitary pads. After thirty hours of pain and trauma, Tanner gave birth to her son. The child was born with his umbilical cord wrapped around his neck. He was not breathing. He had no pulse. This appeal considered whether full-time employees of a for-profit, multi-state corporation organized to provide contract medical care in detention facilities may assert a qualified immunity defense to shield themselves from 42 U.S.C. 1983 liability. The Tenth Circuit found neither historical justifications of special government immunity nor modern policy considerations supported the extension of a qualified immunity defense to Appellees. Judgment was reversed and the matter remanded for further proceedings. View "Tanner v. McMurray" on Justia Law

This case arose from the tragic death of 21-year-old Madison Jensen while in custody of the Duchesne County Jail. Jensen was arrested after her father alerted law enforcement to her drug use and possession of drug paraphernalia. Her estate brought this action for deprivation of civil rights under color of state law. The district court granted summary judgment in favor of the county and qualified immunity to jail supervisors and staff, but denied qualified immunity to jail medical personnel, Defendants-Appellants (Nurse) Jana Clyde and Dr. Kennon Tubbs. The district court held that genuine issues of material fact precluded qualified immunity on the Estate’s claims of: (1) deliberate indifference to serious medical needs against Nurse Clyde; and (2) supervisory liability against Dr. Tubbs. The Tenth Circuit ultimately concluded that when an individual’s sole purpose was “to serve as a gatekeeper for other medical personnel,” and that person delays or refuses to fulfill the gatekeeper role, he may be liable for deliberate indifference. Clyde was the gatekeeper in this case, and she failed to fulfill that role when she chose to give Jensen Gatorade instead of calling Dr. Tubbs or PA Clark. Accordingly, Clyde was given sufficient notice that what she was doing violated Jensen’s rights to medical care. The Court affirmed as to Clyde and reversed as to Dr. Tubbs. View "Estate of Madison Jody Jensen v. Clyde" on Justia Law

After plaintiff prevailed on her procedural due process and breach of contract claims against TSC, the trial court vacated the jury's verdict on the breach of contract claims and reduced the damages award on her procedural due process claim to $1.The Fifth Circuit held that TSC is entitled to neither sovereign immunity under the United States Constitution nor governmental immunity under state law. In this case, the Texas Legislature abrogated TSC's governmental immunity such that plaintiff could bring state law breach of contract claims against TSC. Therefore, the argument that the Texas Legislature attempted to limit federal jurisdiction over these claims is unavailing. The court also held that it was not required to address TSC's alternative arguments and declined to do so. The court reversed the dismissal of plaintiff's breach of contract claims, reinstated the jury's verdict on those claims, and remanded for the district court to consider TSC's alternative arguments regarding whether sufficient evidence supports plaintiff's breach of contract claims. The court affirmed the district court's grant of judgment as a matter of law on the due process violation damages and reduction of the jury's award of $12,500,000 to the nominal amount of $1. The court reversed the district court's vacatur of the portion of the attorneys' fees award based on the breach of contract claims and remanded for the district court to address TSC's alternative arguments regarding those claims and to determine whether plaintiff is entitled to attorneys' fees and in what amount. View "Tercero v. Texas Southmost College District" on Justia Law

Several months after returning from maternity leave, an association’s employee accepted a new special projects position with reduced hours that allowed her to work from home. Later that year she was terminated; the association explained that there were no more special projects for her to work on and the position was no longer necessary. The employee filed suit, alleging that the association had unlawfully discriminated against her based on pregnancy and parenthood. Considering all the evidence before it, the trial court concluded that there were no genuine issues of material fact relevant to the employee’s discrimination claim, and that the association was entitled to summary judgment. The employee appealed, contending the superior court should not have considered the evidence submitted after the filing of the deficient motion and that, even if all evidence was considered, the association was not entitled to summary judgment. The Alaska Supreme Court concluded the superior court acted within its discretion by accepting the authenticating affidavit with the association’s reply, and that it properly considered all the evidence before it in granting summary judgment. View "Werba v. Association of Village Council Presidents" on Justia Law

At a Michigan gun show, Turaani attempted to buy a gun. When the dealer ran Turaani’s name through the National Instant Criminal Background Check System, he received a “delay” response, requiring the dealer to wait three days before completing the sale. The next day, FBI agent Chambers visited the dealer to see what information Turaani had provided and explained that “we have a problem with the company” Turaani “keeps.”. He showed photographs of Turaani with another person of apparent Middle Eastern descent, whom the dealer did not recognize. Days later, Turaani contacted the dealer, who reported the visit from the FBI. While he “technically could sell the gun,” the dealer stated that he was “no longer comfortable doing so.” Turaani sued the FBI's Director, Chambers, and the director of the Terrorist Screening Database, citing the Privacy Act, the Administrative Procedure Act, the stigma-plus doctrine, and 42 U.S.C. 1981.The Sixth Circuit affirmed the dismissal of the case for lack of standing. Turaani focused on his “right to obtain a weapon” and the direct and indirect injuries that flowed from the dealer’s decision not to sell him one but the dealer’s decision not to sell the gun was an independent choice that the government did not require. Turaani failed to show that his injury was traceable to the FBI’s actions. There was no coercion; making an inquiry, and passing along ambiguous information, “is a distant cry from forcing action.” View "Turaani v. Wray" on Justia Law

Plaintiffs, Arkansas prisoners who are or were on death row for capital murder convictions, filed suit alleging that Arkansas's method of execution violated the Eighth Amendment. In an effort to obtain the necessary information about the existence of known and available alternatives that would significantly reduce a substantial risk of severe pain, they served subpoenas on several state correctional departments, including the NDCS. After the NDCS objected, the district court determined that the Eleventh Amendment did not categorically bar the subpoena. NDCS appealed. While the appeal was pending, the Arkansas district court dismissed the inmates' suit and the Nebraska Supreme Court ordered public disclosure of the documents.The Eighth Circuit held that this case has been rendered moot where there is no effective relief that the court could grant because the materials at issue are already public. The court explained that requiring the return or destruction of the subpoenaed documents would provide no effective relief, and the court declined to do either. Finally, no exception to the mootness doctrine is applicable here. View "McGehee v. Nebraska Department of Correctional Services" on Justia Law

Plaintiff filed suit alleging that Barrett Boeker, her cousin's husband, raped and sexually assaulted her on multiple occasions at his home on the grounds of the Louisiana state prison where he serves as an assistant warden. Plaintiff also alleges that Samuel D'Aquilla, the district attorney, conspired with Boeker and others to prevent her from seeking justice for these crimes.The Fifth Circuit held that, under established precedent, it has no jurisdiction to reach plaintiff's claims against D’Aquilla, because she has no Article III standing. The court explained that Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973), makes clear that "a citizen lacks standing to contest the policies of the prosecuting authority when he himself is neither prosecuted nor threatened with prosecution." Accordingly, the court has no choice but to reverse and remand with instructions to dismiss the complaint for lack of subject matter jurisdiction as to D'Aquilla. View "Lefebure v. D'Aquilla" on Justia Law

The Fifth Circuit affirmed the district court's dismissal of plaintiff's claims against the University as barred by sovereign immunity. Plaintiff's action involved employment discrimination and retaliation claims, and he sought compensatory damages, punitive damages, and attorney's fees. The court held that Texas A&M is an agency of the State of Texas, so a suit against the former is a suit against the latter. Furthermore, neither of the two exceptions to sovereign immunity apply in these circumstances. In this case, Congress did not abrogate the State's sovereign immunity, and the State did not knowingly and plainly waive its sovereign immunity and consent to suit. View "Sullivan v. Texas A&M University System" on Justia Law

Executing a search warrant, in 2011, eight Tacoma police officers broke open an apartment door with a battering ram. They expected for find Matthew Longstrom, a drug dealer. Instead, they awakened Petitioner Kathleen Mancini, a nurse who had been sleeping after working the night shift. Police nevertheless handcuffed Mancini and took her, without shoes and wearing only a nightgown, outside while they searched. Mancini sued these police for negligence in the performance of their duties. A jury found the police breached a duty of reasonable care they owed to Mancini when executing the search warrant. The Washington Supreme Court found substantial evidence supported the jury’s verdict. The Supreme Court reversed the Court of Appeals that held to the contrary (granting the officers sovereign immunity) and reinstated the jury’s verdict. View "Mancini v. City Of Tacoma" on Justia Law

Dustin Lance was denied medical treatment for priapsm at a detention center in McAlester, Oklahoma. He ultimately sued the sheriff and four jail guards; summary judgment was entered in favor of all defendants. After review of his appeal, the Tenth Circuit affirmed in part, and reversed in part. Like the district court, the Court concluded that one of the jail guards, Edward Morgan, had qualified immunity because he didn’t violate Lance’s constitutional right to medical care. But the Court concluded that qualified immunity was unavailable to the three other jail guards: Mike Smead, Dakota Morgan, and Daniel Harper. And the sheriff, Chris Morris, was not entitled to summary judgment in his official capacity because the factfinder could reasonably determine that the county’s policies had violated Lance’s constitutional right to medical care. View "Lance v. Board of County Commissioners" on Justia Law