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.
lc_search
LC_DayByDay

 Jan   February 12   Mar

SMTWTFS
   1  2  3  4
  5  6  7  8  91011
12131415161718
19202122232425
26272829 
Julianna Walker Willis Technology
LC_BySubject
OnTheMap

rss

LC_ExtraPoints

• Roommate referral website does not discriminate by allowing users to list their preferences for roommate characteristics. "Holding that the [Fair Housing Act] applies inside a home or apartment ... would be a serious invasion of privacy, autonomy and security."
Fair Housing Council v. Roommate.com

• Student alleges a prank involving a bottle rocket and another student's anus backfired, causing him to fall off the deck of a frat house.
Helmburg v. Alpha Tau Omega

• 5th Circuit reinstates a jury verdict finding a man employed by an engineering firm was sexually harassed by a male supervisor. "The text message 'I want cock' could be taken as an explicit sexual proposition." 
Cherry v. Shaw Coastal

• The ex-wife of a man who fatally shot himself with a gun he had stolen cannot sue the gun's owner for wrongful death. "We conclude that public policy dictates that [Charles] Milot's criminal conduct acts as a bar to recovery."
Ryan v. Hughes-Ortiz

• Pennsylvania woman alleges her former employer discriminated against her because she wore a fake penis to assist her in her female-to-male transition. "Plaintiff's use of the prosthetic device was concealed and in no way interfered with the ability of Plaintiff to do her job." Davis v. J&J Snack Foods

• Son of a woman charged with murdering her husband cannot use the proceeds from the victim's life insurance policy to fund his mother's criminal defense. "[A]llowing the distribution of these proceeds to a third party who has clear intentions to transfer part of these proceeds to her, undermines the principles underlying the Slayer’s Act and federal common law."
In Re: Estate of Michael Burkland

• Seattle judge says an actress cannot proceed anonymously in her suit against the IMDb.com website for publishing her age. "[W]hile Plaintiff may face public ridicule and embarrassment if she elects to go forward under her real name, the injury she fears is not severe enough to justify permitting her to proceed anonymously."
Doe v. Amazon.com

• Family of an 11-year-old girl who was crushed by a boulder of ice says forest ranger negligence caused her death. Rangers "did not warn users of the risk of harm associated with the dangerous, unstable snow and ice" at the Big Four Ice Caves in Snohomish County, Wash. Tam v. U.S.

• 3rd Circuit dismisses a breach of data security case against a payroll-processing company. "Appellants' allegations of an increased risk of identity theft as a result of the security breach are hypothetical, future injuries."
Reilly v. Ceridian Corp.

• Oregon judge denies First Amendment protections to a blogger. "Defendant cites no cases indicating that a self-proclaimed 'investigative blogger' is considered 'media' for the purposes of applying a negligence standard in a defamation claim."
Obsidian Finance v. Cox

• A transsexual who was fired from her government job while she was in the process of becoming a woman wins her sex discrimination suit. "[A] government agent violates the Equal Protection Clause’s prohibition of sex-based discrimination when he or she fires a transgender or transsexual employee because of his or her gender non-conformity."
Glenn v. Brumby

• New York man sues a Texas fertility clinic for wrongful insemination, alleging it failed to obtain his consent before using a sample of his sperm to impregnate his ex-girlfriend.
Pressil v. Advanced Fertility

• Nebraska judge rules that school officials may have illegally disciplined students for wearing t-shirts in honor of a slain friend suspected of gang membership. "[Q]uestions of fact remain whether Plaintiffs’ speech occurred in a context likely to provoke gang violence or other disruptions of school activities."
Kuhr v. Millard Public Sch. Dist.




Alltop_125x125.jpg







Cop Not Liable for "Slaughter" of Drunk Student Print

A former police officer's fatal shooting of a college student mistaken for a burglar did not amount to excessive force even though the student was so drunk he could barely stand up, an Indiana jury has ruled.

The jury's finding that the November 2003 shooting of Michael McKinney, a 21-year-old senior at Ball State University in Muncie, Ind., was objectively reasonable cleared Robert Duplain of liability in a case built on forensic evidence -– and the fiery advocacy of high-profile attorney Geoffrey Fieger.

Representing McKinney's father, Fieger had asked for $42 million in compensatory damages and another $25 million in punitive damages. The evidence, he argued to the jury, showed McKinney was “slaughtered” -- shot four times in the back and while face down on his knees.

The use of deadly force is only reasonable when a police officer “has probable cause to believe that the suspect poses a threat of death or serious physical harm to the officer or others.” Despite McKinney's highly intoxicated state -– he had a blood-alcohol level of 0.34 –- the jury apparently believed Duplain's testimony that McKinney charged toward him.

“I was in disbelief,” he testified. “I was in total disbelief that someone would charge me with my weapon pointed at them.”

Duplain, then a rookie with the Ball State police department, was one of several officers who responded to a burglary call at a home near the campus. The owner of the home, widow Jane Poole, had told the police dispatcher that a man was “pounding” on the door of her rear patio.

The case boiled down to what happened during the 29 seconds that elapsed between Duplain logging in as present at the scene and another officer reporting “shots fired” on his police radio.

When Duplain entered the backyard, McKinney, who had been out drinking with friends, was under a tulip tree about 20 feet from Poole’s back door. According to a neighbor, he was swaying in a side-to-side motion and “It looked like he could fall one way or the other.”

Plaintiff's forensic experts testified that Duplain fired the first two shots while McKinney was still at the tulip tree and had his back left side to the officer. The next two shots came in rapid succession, striking McKinney in the face and chest while he was collapsing.

Questioning Duplain on the witness stand, Fieger asked why he did not take the time to figure out that McKinney was simply a wobbly drunk and not a burglar. “He didn't give me that opportunity,” he testified.

“You didn't give him that opportunity,” Fieger countered.

“He had every opportunity to comply with my commands,” Duplain said.

“How many seconds did you give him before shooting?” Fieger asked. “Two seconds. One, two, dead. You're blaming him for that?”

Ultimately, the jury didn't blame Duplain for anything. “Tragedies happen every day without anyone being at fault,” his lawyer, John Kautzman, told the jury. “And bad things happen to good people.”

Duplain quit the Ball State police department in 2005 and moved back to his hometown near Canton, Ohio, where, he says, three other police agencies have refused to hire him because of the lawsuit.

UPDATE

  • The McKinney family voluntarily dismissed their appeal of the verdict July 29, 2008.


  •  
    rc_insidestories
    • Jurors' Comments Fuel New Trial Bid in Bullying Case

      Jurors may have opened the door to a new trial in a Maryland school bullying case by saying they returned a verdict for the defense because they were afraid of setting a bad precedent for school systems throughout the country.
      Read more...
    • Abuse Victim Can Sue Ex-DA Over 'Sexting' Messages

      A Wisconsin judge has protected a domestic violence victim from a rogue prosecutor, finding that she can sue him for sending her text messages in which he pressured her to have sex with him.
      Read more...
    • Four Loko Maker Says Users Knew of Health Dangers

      The maker of Four Loko has previewed its defense of a slew of product liability lawsuits, arguing that the physical effects of the energy drink's mixture of alcohol and caffeine — far from being an undisclosed risk to consumers — are precisely what made it so popular.
      Read more...
    • Mortician Sued for Speaking Ill of the Dead

      In a first-of-its-kind unprofessional conduct lawsuit, a woman has sued her former boss at a Michigan funeral home for making an indecent comment about the body of a dead man in front of her.
      Read more...
    • 'Next Friends' of Orcas Bid to Stop SeaWorld Slavery

      An animal rights lawsuit against SeaWorld for enslaving five killer whales at its aquatic theme parks in San Diego and Orlando may sink even though humans are representing the orcas as their “next friends.”
      Read more...
    • Jury Finds No Harm to Boy From Wrongful Circumcision

      In a blow to supporters of male “genital integrity,” an Indiana jury has ruled that a doctor did not injure a boy by circumcising him when he was an infant even though his mother wanted him to be left intact.
      Read more...
    • Guest Can Sue Motel 6 Over Attack by Woman's Pimp

      A guest who paid for sex with a prostitute at a Motel 6 did not assume the risk of being attacked several hours later by the prostitute's pimp, a Pennsylvania judge has ruled in an unusual premises liability lawsuit against the motel operator.
      Read more...
    RC_OnFile

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

    Classic Media v. J.G. Wentworth
    Subject: "Lassie" copyright
    Document: Complaint

    Kardashian v. Old Navy
    Subject: Publicity rights
    Document: Complaint

    McKee v. Laurion
    Subject: Doctor defamation
    Document: Opinion

    Francis v. U.S.
    Subject: Bear attack
    Document: Decision

    more

    RC_OnTrial

    Doe v. Discovery Day Care
    Court: Miami-Dade Circuit
    Subject: Child molestation
    Verdict: $3,000,000

    Hoback v. City of Chattanooga
    Court: USDC, E. Tenn.
    Subject: PTSD discrimination
    Verdict: $680,000

    more


    RC_OnTheDocket

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

    more