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Tag Archives: Judge Michael F. Urbanski

Government can photograph ‘visible’ tattoos (access required)

The government could photograph “immediately visible” tattoos on the defendants’ heads, faces, necks, arms and hands – for the purpose of presenting these photos at trial as evidence of gang affiliation – but could not photograph tattoos beyond these “openly ...

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Focus on diet was not deliberate indifference to diabetic (access required)

Although an inmate experienced serious, but short-lived, harm, a doctor’s decision to monitor the inmate’s diabetes and to treat it with diet, rather than medication, did not evidence deliberate indifference to the man’s medical needs.. Background Carey Hixson, an insulin-dependent ...

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Exhibits can’t be substituted after summary judgment (access required)

After the defendant’s motion for summary judgment was granted, the plaintiff was barred from substituting exhibits she erroneously submitted to the trial court. Substitution is permitted only if the error resulted in omission in the appellate record of material reviewed ...

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Owner of LLC faces liability for alleged infringement (access required)

The court held the complaint stated a plausible claim for individual liability against the sole owner of an LLC because it alleged, “upon information and belief” that she engaged in conduct sufficient to impose liability. Background Plaintiff is a photographer ...

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Employer not liable for publicizing employment details (access required)

A former state employee’s claim that her employer publicized issues about her insubordination, attendance and incompetence was insufficient to state a claim under § 1983 because these statements all related to plaintiff’s job performance, which does not rise to the ...

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Two hour interview did not require Miranda warnings (access required)

Although law enforcement interviewed the defendant for two hours in his mother’s living room about his possible involvement in child pornography, the officers were not required to give him Miranda warnings because he was not subjected to restraints of the ...

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Doctor may testify as treating physician, but not expert (access required)

The plaintiffs’ failure to provide an expert report meant their physician would be limited to testifying as to his treatment of the plaintiffs and the opinions reflected in his records, and not about possible future complications or treatments. Background Plaintiffs ...

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Ex-prosecutor’s employment suit is rejected (access required)

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A former prosecutor who claimed she was unlawfully fired from the Carroll County commonwealth’s attorney’s office has had her federal employment lawsuit tossed out of court. Colette M. Wilcox, who now practices in Bristol, alleged her wrongful termination hurt her ...

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