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  • Davis v. Spicer

    Publication Date: 2023-03-07
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-874-SRF

    Court declined motion in limine to exclude evidence of plaintiff's physical injuries and emotional distress, as such evidence was necessary for plaintiff to recover damages for emotional distress in his §1983 case.

  • Davis v. Gas Recovery, LLC

    Publication Date: 2023-02-28
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-840-SRF

    Defendant police officers' summary judgment motion denied where they failed to cite legal authority in support of their motion and where there were genuine issues of material fact regarding the purpose of the officers' appearance and whether the police department had ordered a private company to destroy a recording of the evidence.

  • Shaheed v. City of Wilmington

    Publication Date: 2022-11-29
    Practice Area: Civil Rights
    Industry: Automotive | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: John W. Shaw, Shaw Keller LLP, Wilmington, DE; Robert E. Johnson, Institute for Justice, Shaker Heights, OH; William Aronin, Institute for Justice, Arlington, VA for plaintiffs.
    for defendant: Laura Najemy, Rosamaria Tassone-DiNardo, City of Wilmington Law Department, Wilmington, DE; David J. Ferry, Jr., Rick S. Miller, Ferry Joseph, P.A., Wilmington, DE; Neil Raymond Lapinski, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE; Joseph W. Benson, Andrew G. Ahern, III, Joseph W. Benson, P.A., Wilmington, DE; Neil Raymond Lapinski, Gordon, Fournaris & Mammarella, P.A., Wilmington, DE for defendants.
    Case Number: 21-1333-CFC

    Court found no due process violation from towing and impoundment of vehicles where car owners were provided with adequate notice to be heard following towing, as pre-towing hearings or release of vehicles on demand would be impractical and would nullify the city's interest in towing repeat violators.

  • Overington v. Fisher

    Publication Date: 2022-08-23
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Kari Lynn Overington, Milton, DE, pro se plaintiff.
    for defendant: George Thomas Lees III, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for defendants.
    Case Number: D69933

    First Amendment claim could be levied against government officials where the claim alleged that regulations on the content of vehicle plate licensing were placed in the unfettered discretion of government officials.

  • 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.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

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

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  • 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.

  • 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.