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 ...

Tagged with: Evidence Judge Michael F. Urbanski U.S. District Court - Western District

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 ...

Tagged with: Civil Rights Judge Michael F. Urbanski U.S. District Court - Western District

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 ...

Tagged with: Civil Practice Judge Michael F. Urbanski U.S. District Court - Western District

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 ...

Tagged with: Intellectual Property Judge Michael F. Urbanski U.S. District Court - Western District

Plaintiffs’ motion to amend their complaint against their employer and corporate officers was granted with respect to new federal claims, denied without prejudice with respect to a malicious prosecution claim and denies with prejudice with respect to the Bowman claim, ...

Tagged with: Judge Michael F. Urbanski Tort U.S. District Court - Western District

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 ...

Tagged with: Judge Michael F. Urbanski Tort U.S. District Court - Western District

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 ...

Tagged with: Criminal Judge Michael F. Urbanski U.S. District Court - Western District

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 ...

Tagged with: Evidence Judge Michael F. Urbanski U.S. District Court - Western District

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 ...

Tagged with: Employment Discrimination Judge Michael F. Urbanski U.S. District Court - Western District

In granting the government’s motion to dismiss without prejudice an indictment for fraud against managers of a health care company, the court found defendants conflated prejudice arising from the investigation and indictment with prejudice arising from a delay in trial. ...

Tagged with: Criminal Judge Michael F. Urbanski U.S. District Court - Western District