Court Error – Damages Awarded
This appeal is before us once more, this time not on the merits but on plaintiff Charles Murphy’s petition for an award of attorney fees on appeal as a prevailing party pursuant to 42 U.S.C. § 1988(b).
Court Error – Habeas Corpus Relief
In 1997, a jury in the District of Kansas found Jimmy Davis guilty of robbing a bank, 18 U.S.C. § 2113(a), possessing a firearm as a felon, id. § 922(g)(1), and aiding and abetting his confederate’s use of a firearm during the robbery, id. § 924(c).
Eighth Amendment Violation – Deliberate-Indifference
James Lewis, a Wisconsin prisoner, claimed in this action under 42 U.S.C. § 1983 that staff at the Wisconsin Secure Program Facility violated the Eighth Amendment by delaying medical attention for a painful back condition and then using excessive force when eventually taking him to the hospital.
Abuse of Discretion – Disability Benefits
Vanprooyen points to the administrative law judge’s flawed credibility assessments of her and her fiancé and disregard for the opinions of her treating physicians, and notes that in finding her not credible the administrative law judge had overemphasized her daily activities—and equating daily activities with an ability to work can lead to reversal.
Court Error – Sentencing Guidelines
A naturalized U.S. citizen born in Pakistan named Murtaza Ali, who is the defendant in this case, took his three small children out of the U.S. without his wife’s knowledge, intending to take them to Pakistan.
Sufficiency of Plea and Evidence
This case arises from a series of incidents that occurred while Roberto Alamo, the plaintiff, was a Chicago firefighter.
Abuse of Discretion
National Power Corporation (“National Power”) seeks review of a Federal Aviation Ad‐ ministration Administrator’s (the “Administrator”) decision finding that National Power knowingly violated multiple hazardous material regulations (“HMRs”), and assessing a $66,000 civil penalty against it.
Court Error – Deportation – Removal
Ming Wei Chen, a lawful permanent resident originally from China, was ordered removed from the United States as an alien convicted of a controlled‐sub‐ stance crime, see 8 U.S.C. § 1182(a)(2)(A)(i)(II).
16-3849 Gotoimoana Summers v. Nancy A. Berryhill, Acting Commissioner of Social Security
Gotoimoana Summers appeals from the judgment of the district court affirming the Social Security Commissioner’s denial of her application for disability insurance benefits.
Petition for Rehearing
On consideration of respondent‐appellee Richard Brown’s petition for rehearing and rehearing en banc, filed on March 9, 2017, a majority of judges in active service voted to deny the petition for rehearing en banc.
Ineffective Assistance of Counsel
Darrell Schneider pleaded guilty to sexually abusing his minor daughter on the reservation of the tribe to which he belongs.
Release of Claims – Settlement Dispute
The plaintiff reached an oral agreement to settle a litigation arising out of a home mortgage loan to him, but the defendants insisted that as part of the settlement he would have to release any claims he had against another bank, and also a trust company, neither of which had been a party to the litigation.
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