Jury rules for mocked patient in defamation, medical malpractice suit

A jury in Virginia has ruled in favor of a patient who was mocked by his physician during a colonscopy. The patient recorded the incident in April 2013 using his smartphone while being prepped for the procedure.  His intent was to capture the doctor’s post-operation instructions, but he forgot to turn off the device.  The… read more…

Returned Mail Does Not Satisfy Due Process for Sale of Tax Deed

How much notice is required to a property owner before the state can sell his land for the delinquent taxes? In a recent opinion, the Oklahoma Supreme Court held that mere compliance with state statutes was not sufficient to satisfy constitutional due process.  See Crownover v. Keel. In that case, a county sold real property for nonpayment of taxes…. read more…

Just the facts; Supreme Court relaxes excessive force standard in jails

What must an arrestee prove to prevail on a claim of excessive force against a jailer? Is he required to show that the jailer used force against him with malicious and sadistic intent? Or is it sufficient to show that the force used was unreasonable under the circumstances? You can access our previous coverage here…. read more…

HIV discrimination case moves to the full Tenth Circuit

Can a jail intentionally discriminate against an arrestee because of his HIV status? In 2012, the Payne County Jail in Stillwater, Oklahoma moved an HIV positive arrestee from general population to solitary confinement “due to his HIV status.” Unlike detainees in general population, people held in solitary confinement at the Payne County Jail are locked… read more…

Are police responsible if their actions caused a use of force event?

When police create a situation that causes a need to use force, can the police be held responsible for their actions– even if the the ultimate use of force was appropriate? The short answer is, yes. Where police act recklessly, and that conduct results in the need to use force against another person, the police… read more…