Tag Archives: Judge Stephanie Dawn Thacker

No qualified immunity for actions leading to false convictions (access required)

Where state and county law enforcement officers allegedly coerced a false confession out of two teenage boys with severe intellectual disabilities, the officers are not entitled to qualified immunity because they violated teenagers’ clearly established constitutional rights. Background This case ...

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Nursing home fined for failing to facilitate dental surgery (access required)

A nursing home violated the quality of care regulation governing Medicaid providers when it failed to provide a medical clearance for approximately eight months so that one of its residents could undergo a necessary tooth extraction surgery. Background The West ...

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Debt may be dischargeable under collateral estoppel (access required)

A debtor might be able to discharge a $20 million plus judgment through a Chapter 7 bankruptcy. The district court found the debt nondischargeable under principles of collateral estoppel, reasoning that, because the debtor was found liable for misappropriating trade ...

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Government could make second search of cellphone (access required)

Although evidence obtained during a military search of the defendant’s cellphone was inadmissible because it violated the Military Rules of Evidence, the good-faith exception to the exclusionary rule and “fruit of the poisonous tree” doctrine nonetheless allowed the government to ...

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Employee’s depression led to absences and tardiness (access required)

Where an employee’s depression resulted in repeated absences and tardiness from work, her employer’s refusal to offer her a permanent position did not constitute unlawful discrimination or retaliation. Background In March 2011, the Office of the Director of National Intelligence ...

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Forest Service abdicated its responsibilities (access required)

The appellate court found that although the Forest Service had “serious environmental concerns,” it was “suddenly, and mysteriously, assuaged in time to meet a private pipeline company’s deadlines” in issuing a permit for the Atlantic Coast Pipeline, a natural gas ...

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