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HOW OFTEN DO JUDGES GRANT SUMMARY JUDGMENT MOTIONS FOR DA DEFENSE?

I do not say that Hamby showed deliberate indifference as a...
thriller kitchen police squad
  05/05/16
...
thriller kitchen police squad
  05/05/16


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Date: May 5th, 2016 11:13 AM
Author: thriller kitchen police squad

I do not say that Hamby showed deliberate indifference

as a matter of law and could receive summary relief himself.

But his evidence was sufficient to raise a genuine issue of

material fact on whether “the course of treatment the doctors

chose was medically unacceptable under the circumstances,”

and whether they “chose this course in conscious disregard of

an excessive risk” to Hamby’s health. Jackson, 90 F.3d at

332. This case should have gone to a jury as the trier of fact,

with the guidance of correct jury instructions on deliberate

indifference. It should not have been resolved by summary

judgment of the district court. See Snow, 681 F.3d at 987.

Nor should that summary judgment be affirmed by us. And

so I dissent in the hope that a future court may correct the

majority’s error

https://cdn.ca9.uscourts.gov/datastore/opinions/2016/05/02/15-35283.pdf

(http://www.autoadmit.com/thread.php?thread_id=3215007&forum_id=2#30413035)



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Date: May 5th, 2016 11:37 AM
Author: thriller kitchen police squad



(http://www.autoadmit.com/thread.php?thread_id=3215007&forum_id=2#30413249)