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  • Watson v. Christo

    Publication Date: 2020-12-23
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff: Brian Biggs, Kaitlin M. Edelman, Denise S. Kraft, Erin Larson, DLA Piper, Wilmington, DE for plaintiff.
    for defendant: Wilson B. Davis, Stuart B. Drowos, I, George T. Lees, III, Delaware Dep’t of Justice, Wilmington, DE; Bri-onna L. Denby, Cohen Seglias Pallas Greenhill & Furman, Wilmington, DE for defendants.
    Case Number: D69237

    A prison met its burden of showing that the denial of an inmate's request for a religious object was the least restrictive means of maintaining prison safety and security.

  • Shaw v. Mock

    Publication Date: 2020-12-16
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Adam J. Waskie, Andrea Brooks, David E. Wilks, Wilks Law, LLC, Wilmington, DE; Julie M. O’Dell, Smith, Katzenstein & Jenkins, LLP, Wilmington, DE for plaintiff.
    for defendant: Rebecca Song, Delaware Dep’t of Justice, Wilmington, DE for defendant.
    Case Number: D69229

    A prison official did not meet his burden of demonstrating that an inmate failed to exhaust his administra-tive remedies, so the court denied summary judgment.

  • Winter v. Richman

    Publication Date: 2020-12-09
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Paul J. Lockwood and Stefania A. Rosca, Wilmington, DE for plaintiff.
    for defendant: George T. Lees III, Delaware Dep’t of Justice, Wilmington, DE for defendants.
    Case Number: D69221

    State law did not provide a private right of action for alleged violations of the state's constitution, so the court dismissed those claims but denied the other aspects of the motion to dismiss.

  • DeJesus v. Delaware

    Publication Date: 2020-11-11
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69183

    District court erred in granting summary judgment to defendants by focusing on decedent's vulnerability to suicide, rather than his serious medical need as alleged in plaintiffs' claim.

  • Shelley v. Metzger

    Publication Date: 2020-11-04
    Practice Area: Civil Rights
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69180

    Inmate failed to demonstrate a likelihood of success on the merits in this matter involving religious items and activities.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • M.W. v. Lynch

    Publication Date: 2020-11-04
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Peter L. Frattarelli, Kevin F. Shaw, Archer & Grenier, P.C., Wilmington, DE for plaintiffs.
    for defendant: Stephen M. Ferguson, Kenneth L. Wan, Delaware Dep’t of Justice, Wilmington, DE for defendants.
    Case Number: D69179

    Plaintiffs adequately alleged certain claims for personal liability against officials at a detention facility.

  • Parkell v. Lyons

    Publication Date: 2020-09-23
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: James S. Green, Sr., Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for plaintiff.
    for defendant: Stephen M. Ferguson, Ryan P. Connell, Dep’t of Justice, Wilmington, DE for defendants and the state.
    Case Number: D69131

    The court granted defendants' motion for summary judgment where an inmate failed to exhaust his administrative remedies prior to filing suit.

  • Clark v. Pierce

    Publication Date: 2020-09-09
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Luis Clark, Frackville, PA, pro se plaintiff.
    for defendant: George Thomas Lees, Ill, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for defendants.
    Case Number: D69110

    Exhaustion of administrative remedies was an affirmative defense that a defendant was required to prove, and a defendant could not simply rely on plaintiff's failure to plead exhaustion in order to prove that the plaintiff had failed to exhaust his or her administrative remedies.

  • Cephas v. Scarborough

    Publication Date: 2020-08-26
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Vernon Ernest Dorian Cephas, James T. Vaughn Correctional Center, Smyrna, DE, plaintiff pro se.
    for defendant: Stuart B. Drowos, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE; Dana Spring Monzo and Emily Kara Silverstein, White & Williams, Wilmington, DE for defendants.
    Case Number: D69096

    Motion to dismiss prisoner's civil rights complaint denied where plaintiff sufficiently asserted a claim for retaliation by alleging that defendant conspired to file disciplinary complaints against plaintiff in retaliation for grievances plaintiff had submitted for incidents involving defendant.

  • Osborne v. Univ. of Delaware

    Publication Date: 2020-06-10
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69010

    Plaintiff failed to object to the jury instructions at trial, and she did not file a post-verdict motion regarding the sufficiency of the evidence.