Deshaney V. Winnebago County Social Services: A Case Study

2. Facts: Explain the essential facts of the case. Tell the story of the case. Robert Foster, age 17, was a student at the Morehouse Educational Development Center (MEDC), a school for the mentally retarded. He was chosen a member of MEDC 's Special Olympics basketball team. This was a school sanctioned activity, with practice sessions

Assuming that the school district was not justified in its actions, does Susie have a claim under 42 U.S.C. § 1983?

Exceptional Child Center and 4 others companies filed a lawsuit against the Idaho’s Department of Health and Welfare. The federal district court granted the plaintiff summary of judgement. The ninth circuit confirmed that action. Richard Armstrong, the defendant petitioned for a hearing at the supreme court. The supreme court gave write of certiorari to the court of appeals for the 9th circuit. Exceptional Child Center filed a lawsuit against Richard Armstrong , head of the Idaho health’s departments and Leslie Clement. The case is about the provider challenge to the state of Idaho’s reimbursement rates for Medicaid Providers, meaning that whether Medicaid providers could sue a state because it violates the federal Medicaid Act. The

The facts in this case are regarding the petitioner, Joshua DeShaney and the respondent, the county department of social services. In 1979, Joshua DeShaney was born and in 1980, a Wyoming court granted his parents a divorce and awarded custody to his father, Randy DeShaney. In January of 1982, Randy DeShaney’s second wife complained that he had previously “hit the boy, causing marks, and was a prime case for child abuse” (DeShaney v. Winnebago County). This would turn out to be the first of many complaints against Randy DeShaney regarding the abuse of Joshua DeShaney. Winnebago County Department of Social Services interviewed the father, and when asked if he abused his son, he denied such accusations and they did not pursue him any further. In January 1983, one year later, Joshua was admitted to a local hospital with bruises and abrasions, because of which, the physician suspected child abuse and notified the DSS. The DSS subsequently placed Joshua in temporary custody of the hospital but decided there was insufficient evidence of child abuse. They then recommended that Randy DeShaney enroll his son in preschool, provided Joshua’s father with counselling, and encouraged

Throughout an 18-hour period on October 26, 1989, the appellant Marc Creighton, a companion Frank Caddedu and the deceased Kimberley Ann Martin consumed a large quantity of alcohol and cocaine. The afternoon of the following day on October 27, the three planned to share a quantity of cocaine at Ms. Martin’s apartment. The evidence and later testimony indicates that all of the members involved are experienced cocaine users. The appellant acquired 3.5 grams (“an eight-ball”) of cocaine; he did not try to determine the quality or potency of the cocaine before injecting it into himself and Frank Caddedu.

f the case: The victim, Jessica Lunsford was abducted from her home, raped, held captive, and murdered by John Couey in February of 2005. Couey abducted Lunsford and took her to his half-sister's trailer less than 100 yards from Lunsfords residence. Couey forced Lunsford to hide in his bedroom closet while he was away for work. Dorothy Dixon, Couey's half-sister denies that Lunsford was ever in her home and gave the police permission to search her home and property. On March 19th, 2005 police searched Dixon's residence and property and found evidence that Jessica had been there with Couey, and that her body was buried under Dixon's front porch after Couey's confession, led k-9 police dogs and officers to Lunsfords bodys location. The hole was

Lopatka (2014) explains that in composing handbook rules and policies using creative drafting employers find innovative ways to persuasively appeal to the emotional and mental senses of employees, with the goal of protecting the employer’s legitimate interests (p.74). By standard, personnel handbooks serve as written documentation of workplace policies that govern expected behavior and procedures within the workplace. However, in some cases, handbooks formulate contracts between the employer and employee.

United States is one of the few nations that guarantees and protects freedom of expression of its citizens. Freedom of expression is defined as a right to voice ones beliefs and ideas without any harm. Under the Bill of Rights, the government has no power to restrict these unalienable rights. The First Amendment is exceedingly important to the liberty and freedom of individuals. It guarantees citizens the ability to express themselves, worship, voice their opinions, and rally to situations they disapprove of and want to be heard. A great amount of laws and cases pertain to adults and their freedom. It is often unrealized that adolescents and teenagers endure the same issues in their lives.

Board of County Commissioners of Brevard V. Snyder set a precedent since the Court concluded the comprehensive plan, provides for future land use through gradual and ordered growth, and it is not a literal guide. Thus, Local governments have the discretion to decide that certain land uses should be denied, even if they comply with comprehensive plan guidelines.

Problem: David H. Lucas purchased two beach front lots on Isle of Palms in Charleston

Facts: Plaintiffs Carl and Elaine Miles, owners and impresarios of “Blackie, The Talking Cat” brought a lawsuit in U.S. District Court for the S.D. Georgia, challenging the constitutionality of the Augusta, GA, Business License Ordinance. They complained that the ordinance was inapplicable in their case “accepting contributions from pedestrian in the downtown Augusta area, who wanted to hear the cat speak “and that the ordinance violates the rights of speech. The Plaintiffs attacked the ordinance as being unconstitutional and overbroad in contravention of the due process clauses of the Fourteenth Amendment.

It was clear negligence when it was so obvious that the toes did not have proper circulation. If the nurses were doing their job by checking on the extremities should have quickly noticed that there were circulation issues. By not reporting this was pure negligence.

Gilbert Bishop was admitted to Laurel Creek Health Care Center on July 23, 2002, after arriving via ambulance without family present. During that examination, Gilbert communicated to Laurel Creek staff that he could not use his hands well enough to write or hold a pencil. Gilbert was otherwise found to be mentally competent. Gilbert’s sister, Rachel Combs, arrived after Gilbert, she offered to sign the admissions forms, but Laurel Creek employees told her that it was their policy to have the patient’s spouse sign the admissions papers if the patient was unable to sign them. Rachel also testified that Gilbert asked her to get his wife, Anna

The case Canada (Attorney General) v. PHS Community Services is on appeal from the court of Appeal for British Columbia. In the 1990s, in Vancouver’s Downtown Eastside, injection drug use was worse than it has ever been. A public health emergency was acknowledged in Vancouver’s Downtown Eastside in September 1997 due to an increase in HIV/AIDS and hepatitis C cases because of injection drug use. In 2003, the Minister of Health provided an exemption from section 56 of the Controlled Drugs and Substances Act allowing for the production of a supervised injection site based on medical and scientific purposes. Opened in 2003, Insite was the first government-sanctioned safe injection facility in North America. The Minister of Heath pasted temporary

“In 2008, police arrested an estimated 2.1 million persons under the age of 18. The majority of these juveniles (67%) were referred to juvenile court jurisdiction. The police used discretion to handle and release a portion (22%) of these youths” (Lopez 2016). That means that 273,000 juveniles were prosecuted and punished as adults, some even receiving life in prison. This begs the question should juveniles, regardless of offense, be tried as adults?