• Harmon v. Lawson

    Publication Date: 2022-07-05
    Practice Area: Civil Rights
    Industry: Real Estate | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Sandra Harmon, Hartsville, SC, pro se plaintiff.
    for defendant: Kevin J. Connors, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE; Patricia A. Davis, Deputy Attorney General, Delaware Department of Justice, Dover, DE for defendants.

    Case Number: D69875

    Constitutional claims arising from monition action dismissed where plaintiff had failed to plead defendants' personal involvement in alleged constitutional violations or where defendants enjoyed immunity from suit for actions taken in their official capacity.

  • Panchigar v. Delaware Dep't of Corr. Comm'r

    Publication Date: 2022-05-17
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Brandon Lee Panchigar, James T. Vaughn Correctional Center, Smyrna, Delaware, pro se plaintiff.
    for defendant: N/A

    Case Number: D69821

    Deliberate indifference to medical need claims under the Eighth Amendment could not be based on allegations of medical malpractice or disagreement over the proper course of treatment.

  • Valentin v. Wysock

    Publication Date: 2022-05-10
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Katherine Butler, Law Offices of Kate Butler, Esq., Wilmington, DE for plaintiffs.
    for defendant: Shae Lyn Chasanov, Tybout Redfearn & Pell, Wilmington, DE; Nicholas Jaison Brannick, New Castle County Law Department, New Castle, DE for defendants.

    Case Number: D69813

    Motion for leave to amend denied where claims against a new defendant were untimely, as the relation back doctrine did not apply because there was no mistake of identity or fact that prevented the defendant from being timely named as a party.

  • Valentin v. Wysock

    Publication Date: 2022-02-22
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Katherine Butler, Law Offices of Kate Butler, Esq., Wilmington, DE for plaintiffs.
    for defendant: Geena Khomenko George, The Law Offices of Geena Khomenko George, LLC, Hockessin, DE; Richard L. Abbott, Abbott Law Firm, LLC, Hockessin, DE; Shae Lyn Chasanov, Tybout Redfearn & Pell, Wilmington, DE; Nicholas Jaison Brannick, New Castle County Law Department, New Castle, DE for defendants.

    Case Number: D69725

    Federal civil rights claims could proceed against officer who arrested plaintiff for alleged violation of a noise ordinance based solely on complaints from neighbors who had made prior baseless complaints against the plaintiff, which were insufficient to support probable cause.

  • Harris v. Centurion

    Publication Date: 2021-11-23
    Practice Area: Civil Rights
    Industry: Health Care | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Eric Harris, Howard R. Young Correctional Institution, Wilmington, DE, pro se plaintiff.
    for defendant: N/A

    Case Number: D69619

    Although inmate sufficiently pled a serious medical need and defendants' failure to provide care for that need, the court dismissed the complaint on screening when it was unclear as to whether the alleged wrongful conduct occurred within the statute of limitations.

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  • Stafford v. Doe

    Publication Date: 2021-11-23
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Kenneth A. Stafford, Newport, DE, pro se plaintiff.
    for defendant: N/A

    Case Number: D69621

    Court dismissed §1983 claims against state agency pursuant to Eleventh Amendment immunity and against a municipal police department where agencies of municipalities were not cognizable parties in §1983 actions.

  • Webb v. Chapman

    Publication Date: 2021-07-28
    Practice Area: Civil Rights
    Industry: Legal Services
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69485

    In this civil rights action, plaintiff failed to adequately allege that defendants were acting under color of state law or that they engaged in a conspiracy.

  • Jones v. Kirchenbauer

    Publication Date: 2021-06-30
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69449

    The district court properly dismissed plaintiff's complaint, because equitable tolling did not apply and the statute of limitations barred his civil rights claims.

  • Duross v. Connections Cmty. Support Programs, Inc.

    Publication Date: 2021-04-07
    Practice Area: Civil Rights
    Industry: Health Care | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, LLC, Dover, DE for plaintiff.
    for defendant: Dana Spring Monzo, Kelly E. Rowe, White and Williams LLP, Wilmington, DE for defendants.

    Case Number: D69350

    Inmate adequately pled §1983 claim for failure to render treatment by alleging defendants withheld medication that suppressed symptoms of inmate's ulcerative colitis and then subsequently denied treatment for flare-ups of symptoms.

  • Knights of Columbus Star of the Sea Council 7297 v. City of Rehoboth Beach

    Publication Date: 2020-12-30
    Practice Area: Civil Rights
    Industry: Non-Profit | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Michael P. Morton, Robert J. Valihura, Jr., David C. Zerbato, Morton, Valihura & Zerbato, LLC, Greenville, DE; Christopher DiPompeo, Kaytlin L. Roholt, Jones Day, Washington, DC; Roger Byron, First Liberty Institute, Plano, TX for plaintiff.
    for defendant: Max B. Walton, Lisa R. Hatfield, Brandon R. Harper, Connolly Gallagher LLP, Newark, DE; Daniel A. Griffith, Whiteford Taylor & Preston LLC, Wilmington, Delaware for defendants.

    Case Number: D69240

    Preliminary injunction on city policy banning private displays on public property denied where city revised the policy to address plaintiff's concerns and plaintiff did not challenge the revised policy.