U.S. v. Johnson, 2011 WL 729232 (3/3/11) (Kan.) (unpub'd) - Michigan v. Summers, 452 U.S. 692 (1981), which holds that officers may detain any "occupant" of property that the officers are searching pursuant to a warrant, is a bright-line rule that is not subject to an ad hoc balancing test. It doesn't matter whether detention serves any legitimate interest. In this case, the defendant was found sleeping in a car that was half on the property and half off of it. and had no other relationship to the property. "Occupant" includes anyone present on the premises. The fact that the search was for meth and firearms and the high level of traffic in the area justified displaying firearms and handcuffing the defendant.
Colbert v. Board of County Commissioners for Oklahoma County, 2011 WL 692991 (3/1/11) (unpub'd) - The 10th reverses the dismissal of a ยง 1983 complaint and finds the prisoner alleged enough that, if true, would establish deliberate indifference to medical needs constituting cruel and unusual punishment. The prisoner's mother told a correctional officer that her son had a knot on his head and a fever. The next morning the officer saw that the prisoner had vomited and defecated on himself and was not talking normally and had a large knot on his head. The officer talked to a nurse, but only said the prisoner's face was a little swollen and he might have pink eye. The nurse told the officer to give the prisoner some tylenol. That afternoon the officer found the prisoner non-responsive, lying in his own vomit. The officer called a nurse, who told the officer to call an ambulance. Before doing that, the officer spent six minutes on the phone with her supervisor, saying the prisoner should have gone to the hospital a long time ago. The prisoner had a traumatic brain injury, which has left him non-verbal and non-ambulatory, he's fed intravenously and he breathes with a ventilator.
Davtyan v. Holder, 2011 WL 75483 (3/4/11) (unpub'd) - A rare victory for an alien on a petition for review. The Immigration Judge's findings were not conducive to meaningful review because it both acknowledged that Jehovah's witnesses received disproportionate punishment in Armenia for refusing military service and that there was no evidence of that.
Broadus v. Jones, 2011 WL 678391 (2/28/11) (unpub'd) - The petitioner's habeas petition challenging his robbery conviction was a successive petition because he had previously challenged his assault conviction that was part of the same judgment. You have to challenge all the convictions in one judgment in the same petition.
Smith v. Veterans Administration, 2011 WL 692969 (3/1/11) (Utah) (Published) - Yet another published case on how to count 3 strikes in order to sanction litigants for filing frivolous suits. The most significant feature of the case: the plaintiff filed motions that appeared to contain proposals of marriage to one of the district court clerks.
Colbert v. Board of County Commissioners for Oklahoma County, 2011 WL 692991 (3/1/11) (unpub'd) - The 10th reverses the dismissal of a ยง 1983 complaint and finds the prisoner alleged enough that, if true, would establish deliberate indifference to medical needs constituting cruel and unusual punishment. The prisoner's mother told a correctional officer that her son had a knot on his head and a fever. The next morning the officer saw that the prisoner had vomited and defecated on himself and was not talking normally and had a large knot on his head. The officer talked to a nurse, but only said the prisoner's face was a little swollen and he might have pink eye. The nurse told the officer to give the prisoner some tylenol. That afternoon the officer found the prisoner non-responsive, lying in his own vomit. The officer called a nurse, who told the officer to call an ambulance. Before doing that, the officer spent six minutes on the phone with her supervisor, saying the prisoner should have gone to the hospital a long time ago. The prisoner had a traumatic brain injury, which has left him non-verbal and non-ambulatory, he's fed intravenously and he breathes with a ventilator.
Davtyan v. Holder, 2011 WL 75483 (3/4/11) (unpub'd) - A rare victory for an alien on a petition for review. The Immigration Judge's findings were not conducive to meaningful review because it both acknowledged that Jehovah's witnesses received disproportionate punishment in Armenia for refusing military service and that there was no evidence of that.
Broadus v. Jones, 2011 WL 678391 (2/28/11) (unpub'd) - The petitioner's habeas petition challenging his robbery conviction was a successive petition because he had previously challenged his assault conviction that was part of the same judgment. You have to challenge all the convictions in one judgment in the same petition.
Smith v. Veterans Administration, 2011 WL 692969 (3/1/11) (Utah) (Published) - Yet another published case on how to count 3 strikes in order to sanction litigants for filing frivolous suits. The most significant feature of the case: the plaintiff filed motions that appeared to contain proposals of marriage to one of the district court clerks.
posted by Anonymous at 4:06 PM
<< Home