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  • 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.

  • Drumgo v. Kuschel

    Publication Date: 2020-05-27
    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: D68992

    District court erred in granting qualified immunity to corrections officer where there were genuine disputes of material fact as to whether the officer's frisk search went beyond the bounds of legitimate penological interests and constituted a sexual assault.

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  • Harmon v. Dep't of Fin.

    Publication Date: 2020-05-13
    Practice Area: Civil Rights
    Industry: Real Estate | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68978

    The district court applied the improper standard regarding abstention. Vacated and remanded.

  • Cousins v. Dutton-McCormick

    Publication Date: 2020-03-18
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Daniel R. Cousins, James T. Vaughn Correctional Center, Smyrna, DE, pro se plaintiff.
    for defendant: Stuart B. Drowos, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, attorney for defendants.
    Case Number: D68911

    Motion to compel production of documents granted to the extent that correctional facility could conduct additional search for the duty roster for the section and timeframe in question in plaintiff's inmate's complaint.

  • Shabazz v. Delaware Dep't of Corr.

    Publication Date: 2020-03-18
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Matthew G. Summers, Brittany M. Giusini and William J. Burton, Ballard Spahr LLP, Wilmington, DE for plaintiff.
    for defendant: Stephen M. Ferguson, Delaware Dep’t of Justice, Wilmington, DE for the state.
    Case Number: D68915

    Inmate failed to satisfy the requirements for a preliminary injunction preventing his transfer to another correctional facility.

  • Chang v. State of Delaware

    Publication Date: 2020-03-11
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Weih Steven Chang, Hockessin, DE, pro se plaintiff.
    for defendant: Rosamaria Tassone-DiNardo, First Assistant City Solicitor, City of Wilmington Law Department, Wilmington, DE for defendant city. Ryan P. Connell, Deputy Attorney General, Department of Justice, State of Delaware, Wilmington, DE for defendants State and stage agencies. Gary H. Kaplan and Art C. Aranilla, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendant Children’s Advocacy Center of Delaware.
    Case Number: D68902

    Rule 60 motion denied where plaintiff failed to identify facts previously unknown to him during the prior proceedings and where his unsubstantiated allegations of judicial bias did not warrant extraordinary relief.

  • McNeill v. Snow

    Publication Date: 2020-01-08
    Practice Area: Civil Rights
    Industry: Health Care | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Dale Kevin McNeill, pro se plaintiff.
    for defendant: Ryan Patrick Connell,Delaware Dep’t of Justice, Wilmington, DE for defendant Wesley. Dana Spring Monzo and Karine Sarkisian, White & Williams, Wilmington, DE for defendant Connections CSP Inc.
    Case Number: D68834

    An inmate failed to adequately state a claim for violations of his civil rights, because the record did not show any personal in-volvement by the warden or any unlawful policy by a health care provider.