Posted in Latest News,Negligence on June 25, 2015

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…

Posted in Latest News on June 24, 2015

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… read more…

Posted in Latest News on June 23, 2015

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…

Posted in Americans With Disabilities,Civil Rights,Discrimination,Latest News on June 18, 2015

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…

Posted in Civil Rights,Excessive Force on June 2, 2015

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…