Wednesday, September 26, 2012

Unpublished Decisions

U.S. v. Fletcher, 2012 WL 4017213 (9/13/12) (Okl.) (unpub'd) - Perhaps some small encouragement to judges not to be so persnickety re: Toombs. The 10th notes the trial court's orders granting continuances were "perilously close" to not satisfying the Speedy Trial Act's requirements. But it suggests the record is self-explanatory as to why the court believed the continuances were necessary where the newly-appointed counsel needed time to familiarize her/himself with the case involving a 39-count indictment. Also, the 10th acknowledges its precedent allowing officers to testify as experts re: the roles of drug trafficking participants conflicts with the First Circuit's precedent [something to raise for a trip to the S. Ct.].

Rivera-Ortiz v. Holder, 2012 WL 3984422 (9/12/12) (unpub'd) - The 10th lets stand the removal of an Lawful Permanent Resident who, according to the 10th, "by all accounts is a model of reformation." The alien's 1994 conviction for child sex abuse was enough to justify the removal, even though the victim now trusts the alien to babysit her own children.

Escobar v. Mora, 2012 WL 3893126 (9/10/12) (Col.) (unpub'd) - The prisoner made an 8th Amendment claim when he alleged a prison guard spit into his breakfast and lunch for 15 months causing him to refrain from eating and losing 30 pounds as a result. The 10th could not think of a legitimate penological interest served by the spitting and it lasted long enough to be cruel and unusual punishment. But the law was not clearly established enough to preclude qualified immunity. So no relief. I'm not making this up.

Campbell v. Singh, 2012 WL 3871654 (9/7/12) (Col.) (unpub'd) - No relief where: there was 1 unsuccessful surgery on a torn anterior cruciate ligament; then months of pain complaints; then another unsuccessful surgery; then the prisoner slipped on icy pavement because he wasn't given a walking aid, which lead to more broken and/or torn body parts and more surgery; then more months of ignoring the plaintiff's pain complaints; then an infection and the eventual removal of infected tissue; then more pain; then an ignored recommendation of additional surgery; then the prison improperly fitted a knee brace; later the prison moved the plaintiff to a top bunk from which the plaintiff fell causing injuries to his head and knee, which caused disorientation and more pain; and now the prison provides no additional treatment or surgery, just a cane and Tylenol.