• State v. Robinson

    Publication Date: 2019-05-01
    Practice Area: Civil Rights | Criminal Law
    Industry:
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Elizabeth R. McFarlan, Department of Justice, Wilmington, DE for the state.
    for defendant: Patrick J. Collins, Collins & Associates, Wilmington, DE for Jacquez Robinson.

    Case Number: D68547

    The trial court correctly concluded that the state engaged in conduct which violated a criminal defendant's Sixth Amendment right to counsel, but the Delaware Supreme Court held that dismissal was not the only appropriate remedy for the misconduct.

  • Drumgo v. Kuschel

    Publication Date: 2019-04-10
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: DeShawn Drumgo, Frackville, PA, pro se plaintiff.
    for defendant: Stuart B. Drowos, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for defendant.

    Case Number: D68520

    Corrections officer entitled to Eleventh Amendment and qualified immunity against claim of alleged sexual assault of inmate during frisk search where the complained-of action did not rise to the level of a constitutional violation and the credible evidence did not support finding the search was conducted in a wrongful manner.

  • Richmond v. Correct Care Solutions LLC

    Publication Date: 2019-04-03
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Daniel A. Griffith, Whiteford, Taylor & Preston LLC, Wilmington, DE for defendants Correct Care Solu-tions and Pamela Magee
    for defendant: Stuart B. Drowos, Delaware Dep't of Justice, Wilmington, DE for defendant Matthew Fisher. Ophelia Michelle Waters Delaware Dep't of Justice, Wilmington, DE for correctional officer defendants.

    Case Number: D68513

    Defendants were entitled to summary judgment in an inmate's civil rights action where plaintiff failed to ex-haust his administrative remedies, and where the record revealed no evidence of constitutional violations.

  • Keel v. Delaware State Univ. Bd. of Tr.

    Publication Date: 2019-02-20
    Practice Area: Civil Rights | Education Law
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Laura Davis Jones, James I. Stang, and James E. O'Neill, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE; Alexander S. Zalkin and Ryan M. Cohen, The Zalkin Law Firm, P.C., San Diego, CA for plaintiff.
    for defendant: James D. Taylor, Jr., Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendants.

    Case Number: D68464

    Plaintiff's Title IX and equal protection claims were time-barred where her timely allegations merely amounted to continuing ill effects from the original alleged violations and were not continual unlawful affirmative acts by defendants that would support finding plaintiff's claim timely under a continuing violation theory.

  • Price v. Pierce

    Publication Date: 2019-02-13
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: William Joseph Kassab, Delaware Department of Justice, Wilmington, DE for defendants.
    for defendant: N/A

    Case Number: D68459

    Prison staff were immune from suit by an inmate, and the complaint failed to allege sufficient facts to consti-tute claims for civil rights violations involving retaliation and strip searching.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

    View this Book

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  • Urquhart v. State of Delaware

    Publication Date: 2019-02-06
    Practice Area: Civil Rights | Criminal Law
    Industry: Legal Services
    Court: Delaware Supreme Court
    Judge: Justice Seitz
    Attorneys: For plaintiff: Eugene J. Maurer, Jr. and Elise K. Wolpert of Eugene J. Maurer, Jr. P.A., Wilmington, DE for Everett Ur-quhart.
    for defendant: Abby Adams, Department of Justice, Georgetown, DE for the state.

    Case Number: D68453

    Criminal defendant's right to assistance of counsel in a serious felony trial required more than the mere pres-ence of a defense attorney the day of trial.

  • Farrington v. Silva

    Publication Date: 2019-01-16
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Michael F. McTaggart, Delaware Department of Justice, Wilmington, DE for defendants Silva and O'Bara.
    for defendant: N/A

    Case Number: D68425

    Plaintiff's motion to amend was untimely and he did not show good cause for the delay.

  • McCoy v. Johnson & Johnson

    Publication Date: 2019-01-09
    Practice Area: Civil Rights
    Industry: Pharmaceuticals | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68418

    An inmate's amended complaint failed to allege any cognizable civil rights claims.

  • Ways v. State of Delaware

    Publication Date: 2019-01-02
    Practice Area: Civil Rights | Criminal Law | Evidence
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Vaughn
    Attorneys: For plaintiff: Abby Adams, Deputy Attorney General, Georgetown, DE for the state
    for defendant: Jerome M. Capone, Assistant Public Defender, Georgetown, DE for defendant.

    Case Number: D68413

    Motion to suppress was properly denied where police would have inevitably discovered drugs through legitimate means, and criminal defendant was not entitled to acquittal.

  • Jones v. Bauer

    Publication Date: 2018-12-05
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Joshua Meyerhoff for defendant Nanticoke Memorial Hospital.
    for defendant: N/A

    Case Number: D68379

    A pro se plaintiff lacked standing to bring claims for violations of federal criminal statutes, and his civil rights claims failed as a matter of law.