The HCBullet: The blog of the Attorneys at HCB

Court Rules that Inmate Who Creates His Filthy Cell Conditions Does Not State a Constitutional Claim

March 29, 2017

In Key v. Juegens, et al., a jail inmate, Dajuan Key, alleged that defendant correctional officers and a social worker violated his rights based on his living conditions in his cell and their failure to provide him with mental health services while he was on suicide watch for 9 days. U.S. District Court Judge James…

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One-minute Delay in Responding to a Jail House Fight Does Not Violate the Constitution.

March 29, 2017

In Stevens v. Bukowski et al., a jail inmate alleged that the County Sheriff, Chief of Corrections, and certain correctional officers failed to protect him from an altercation with another inmate. He also alleged that the defendants were deliberately indifferent to his serious medical needs by delaying his medical treatment a matter of hours. U.S….

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Supreme Court Expands Police Civil Liability Under the Fourth Amendment

March 29, 2017

In a long-awaited decision, the United States Supreme Court on March 21, 2017, decided that pretrial detainees may challenge the legality of their pretrial detentions under the Fourth Amendment after a probable cause determination has been made.  This decision has the potential for greatly expanding the already large liability risks that police officers face in…

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Failure to Adopt Policy to Coordinate Medical Care May Constitute Deliberate Indifference

March 14, 2017

In the Seventh Circuit’s recent en banc decision in Glisson v. Indiana Department of Corrections, No. 15-1419 (7th Cir. Feb. 21, 2017), the Court held that a private medical corporation, contracted to provide medical services for the Indiana Department of Corrections (INDOC), could be held liable for its failure to enact policies and practices which would…

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Wrongful Conviction Cases: When Does a Civil Rights Plaintiff State a Claim?

February 7, 2017

Media reports abound with stories of persons released from incarceration after being exonerated based on newly discovered evidence. These persons almost inevitably sue in federal court under 42 U.S.C. 1983, claiming that their constitutional rights were violated because the police allegedly coerced incriminating confessions or statements, fabricated evidence, or withheld exculpatory evidence from prosecutors. The…

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