John Doe A v. Penn State
First Penn State scandal lawsuit says Coach Jerry Sandusky sexually abused a boy more than 100 times and the abuse was enabled by the school's "negligent oversight."
Bradley v. Lohan
Former Betty Ford Center employee sues Lindsay Lohan for assault, alleging the actress threw a phone at her and yanked her wrist while refusing to be breathalzyed.
N.D. v. New York Post
Hotel maid allegedly raped by French politician sues the New York Post for falsely reporting that she is a prostitute who "routinely traded sex for money" with male guests.
Reinhart v. Mortenson
Two Montana residents allege the author of "Three Cups of Tea" "fabricated material about his activities and work in Pakistan and Afghanistan" to sell the book.
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• Maryland appeals court says dog owners can be held strictly liable for pit bull attacks. "Because of its aggressive and vicious nature and its capability to inflict serious and sometimes fatal injuries, pit bulls and cross-bred pit bulls are inherently dangerous." Tracey v. Solesky

• Woman who has been diagnosed as a sex addict sues a school district for failing to prevent her from having sex with male students on the school bus when she was in 11th grade.
Barksdale v. Egg Harbor Township Bd. of Ed.

• Civil rights activist challenges Georgia's "stand your ground law." "By not defining what actions create a reasonable perception justifying the use of deadly force, the Act[] potentially deprives all Georgia[n]s of the right to life without due process of law." Hutchins v. Deal

• Former patient of a Rhode Island doctor sues him for featuring her in a book about drug addiction. "Plaintiff had expected, as any reasonable patient would, that her private conversations during her treatment sessions with the Defendant would remain private and confidential."
Lisnoff v. Stein

• Class action alleges the YMCA deceives consumers by representing that it practices "Christian" values while allowing its gyms to be used for gay sex trysts. "YMCAs around the country ... are currently being used as brothels for cruising, with the YMCA's knowledge and implicit consent."
Keister v. YMCA

• Social workers are not liable for a sexual assault on a 5-year-old boy by a 16-year-old male placed in an adoptive home. "To rule against the individual defendants in this case would definitely break new ground."
Doe v. Braddy

• Student sues college for refusing to grant her the "reasonable accommodation" of a single room after she complained about her roommate's exhibitionist behavior.
Blankmeyer v. Stonehill College

• School district can be sued over a guidance counselor's sexual relationship with a student who was over the age of consent. "The inherent imbalance of power between a guidance counselor in a public school and a student may render opportunistic sexual predation sufficiently shocking, even with a 'consenting' student over sixteen, to form the basis of a substantive due process claim."
Doe v. Fournier

• Utah judge finds a "credible threat" that Utah County officials will prosecute a polygamist and his wives for bigamy. The officials' acts "suggest that an actual prosecution of Plaintiffs is forthcoming."
Brown v. Herbert

• Louisville, Ky., strip club sues a competitor for displaying an electronic sign outside a convention center that said "Don't go to Godfathers, their girls are ugly and have crabs."
The Godfather v. Trixie's Lounge

• A lawyer cannot sue two women he dated for posting derogatory comments about him on liarscheatersrus.com. "[W]hen viewed within the larger context of the website on which they were posted, there can be no doubt that a reasonable reader would understand the comments to be opinion." Coulotte v. Ryncarz

• Oglala Sioux tribe sues beer makers and Whiteclay, Neb., bars for enabling alcohol abuse on the Pine Ridge Indian Reservation. The illegal trade in alcohol has "caused devastating injuries to the Lakota people and massive financial damages to the [tribe]."
Oglala Sioux Tribe v. Schwarting




Alltop_125x125.jpg







Patient Settles Claim Over Nurse's Anti-Abortion Views Print

A New Mexico woman has settled her lawsuit against a physician's assistant at a health clinic who allegedly expressed anti-abortion views while removing her IUD without her permission, On Point has learned.

Ashley Van Patten's original complaint included an unusual claim for violation of the due process right to choice of contraception arising from a visit to the Rio Rancho Family Health Center in Rio Rancho, N.M., for an adjustment of her IUD. She also alleged civil battery, describing the actions of physician's assistant Sylvia Olona as “malicious.”

After Olona took the IUD out, the suit said, she told Van Patten, “I personally do not like IUDs. I feel they are a type of abortion” and recommended that she use a “non-abortion” form of contraception such as a depo provera shot or the pill.

But what appeared to be a blatant intrusion of religious belief into medical treatment was scrubbed from an amended complaint filed last week, leaving Van Patten to allege only a run-of-the-mill malpractice claim for negligent removal of the IUD. Olona's name is also omitted and the only defendant is the federal government, which funds the Rio Rancho clinic.

Van Patten attorney Ryan J. Villa of Albuquerque explains that he amended the complaint "pursuant to a settlement agreement reached by the parties. The United States wanted Ms. Van Patten to file this complaint as part of the settlement agreement." Settlement documents have yet to be filed with the court.

In an answer to an earlier version of the suit, the U.S. generally denied the allegations, admitting only that “Ms. Olona examined Ms. Van Patten for an 'IUD check.'” The removal of an IUD during an adjustment is a “known risk inherent in the treatment,” the defense also said.

A New Mexico law says a health care provider may “decline to comply with an individual instruction or health-care decision for reasons of conscience.” A Bush Administration “conscience rule” which allows medical personnel to refuse to perform procedures they find morally objectionable took effect Jan. 19, Bush's last day in office.

But Olona allegedly went far beyond the scope of both the state and federal rules by imposing her beliefs on Van Patten. The original complaint also said she had a “practice of removing IUDs from patients without their permission.”

While treating Van Patten, “Defendant Olona stated, 'Everyone in the office always laughs and tells me I pull these out on purpose because I am against them, but it’s not true, they accidentally come out when I tug,'” the suit said.

Van Patten also no longer alleges a civil battery or any “malicious” conduct on Olona's part. The clinic “failed to use ordinary and reasonable care in the care and treatment of Plaintiff,” the amended complaint said.

Other Van Patten v. Olona Sources


This story linked by:


By Matthew Heller
5/24/09


 

Editor's note: On Point's RSS feed has moved to this link.

rc_insidestories
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    The mother of a prostitute slain by the “Craigslist killer” at a Marriott hotel in Boston has alleged in a first-of-its-kind lawsuit that the hotel's operator is liable for her daughter's death because it failed to prevent prostitution from occurring on its premises.
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RC_OnFile

U.S. v. Arpaio
Subject: Civil rights
Document: Complaint

Schultz v. Medina Valley
Subject: School prayer
Document: Non-Kumbaya order

Chopourian v. Catholic Healthcare
Subject: Sexual harassment
Document: Verdict

Jackson v. Paula Deen
Subject: Sexual harassment
Document: Complaint

Marsh v. Air Tran Airways
Subject: Roaches on a plane
Document: Complaint

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RC_OnTrial

Peterson/Pryde v. Thyden
Court: Montgomery (Va.) Circuit
Subject: Virginia Tech shootings
Verdict: $8 million

Sheridan v. Cherry
Court: L.A. Superior
Subject: Wrongful termination

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RC_OnTheDocket

Brown v. Herbert
Date: 12/16/11
Court: USDC, Utah
Hearing: Motion to dismiss polygamy case

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