• Jackson v. Ivens

    Publication Date: 2019-10-09
    Practice Area: Civil Rights
    Industry: Health Care | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Stuart B. Drowos, Department of Justice, Wilmington, DE for state defendants.
    for defendant: Daniel A. Griffith, Whiteford, Taylor & Preston L.L.C., Wilmington, DE for Correctional Medical Services defendants. Karine Sarkisian, White and Williams, Wilmington, DE for defendants.

    Case Number: D68729

    Plaintiff did not file his motion for relief from a judgment within a reasonable time, and he failed to demonstrate that "newly discovered evidence" would have changed the outcome at trial, or that a grave miscarriage of justice occurred.

  • Fields v. Delaware Dep't of Corr.

    Publication Date: 2019-09-25
    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: D68711

    Prison inmate's Eighth Amendment deliberate indifference claim properly dismissed where claim merely expressed inmate's disagreement with the course of treatment provided.

  • Harmon v. Dep't of Fin., Sussex Co., Delaware

    Publication Date: 2019-09-04
    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: Kevin J. Connors and Artemio C. Aranilla, II, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for defend-ants.
    for defendant: N/A

    Case Number: D68689

    A pending state court proceeding encompassed the same issues plaintiff raised in this federal district court proceeding, so the federal court granted a motion to dismiss under the abstention doctrine.

  • Osborne v. Univ. of Delaware Library Admin.

    Publication Date: 2019-09-04
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for plaintiff.
    for defendant: James D. Taylor, Jr. and Randall S. MacTough, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendant.

    Case Number: D68692

    Genuine issues of material fact remained with regard to an employee's claim against her employer for racial discrimination.

  • Cropper v. Danberg

    Publication Date: 2019-08-21
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Evan O. Williford and Andrew J. Huber, The Williford Firm LLC, Wilmington, DE for plaintiff.
    for defendant: Ryan P. Connell, Deputy Attorney General, Wilmington, DE for defendants.

    Case Number: D67670

    An inmate had standing to assert claims against prison officials because his injuries were fairly traceable to the alleged bad acts of those officials.

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  • Greene v. Parker

    Publication Date: 2019-07-03
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Jermaine Greene, Wilmington, DE, pro se plaintiff
    for defendant: Joseph Clement Handlon, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE for defendant.

    Case Number: D68616

    Dismissal of inmate's civil rights complaint warranted for failure to prosecute where plaintiff had taken no action in the case for over a year, had failed to advise the court of his transfers, failed to respond to the motion to dismiss, and appeared to lack a meritorious claim.

  • Fahmy v. Phelps

    Publication Date: 2019-06-19
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Paul A. Fahmy, Smyrna, DE, pro se plaintiff
    for defendant: N/A

    Case Number: D68599

    Plaintiff inmate's §1983 claims dismissed where he was granted a disciplinary hearing on his charges and where plaintiff received medical treatment for his injuries, failing to identify any officials who were responsible for the alleged delay in treatment.

  • Hardwick v. Senato

    Publication Date: 2019-06-05
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Daniel M. Silver, Hayley J. Reese and Alexandra M. Joyce, McCarter & English, LLP, Wilmington, DE for plaintiff
    for defendant: Ryan P. Connell, Delaware Dep't of Justice, Wilmington, DE for defendants

    Case Number: D68586

    Factual issues precluded summary judgment on an inmate's claims regarding a religious diet and congregational worship, but the inmate failed to exhaust his administrative remedies on his claim involving religious objects.

  • Carter v. Richman

    Publication Date: 2019-06-05
    Practice Area: Civil Rights
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Jermaine Layton Carter, Smyrna, DE, pro se plaintiff
    for defendant:

    Case Number: D68584

    Prison inmate's amended §1983 complaint dismissed as frivolous where it asserted claims against prison administrators in their official capacities without alleging direct personal involvement by those administrators and where it arose from the inmate's dissatisfaction with the prison grievance process.

  • 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.