© 2019 Buckley Christopher P.C.

2970 Clairmont Road NE

Suite 650

Atlanta, GA  30329

(404) 633-9230

Please reload

December 11, 2019

          Thomas Brennan, an inmate, slipped and fell on a wax concrete floor in prison, rupturing several discs in his neck and lower spine. He underwent neck surgery in September 2011 and was prescribed Vicodin for pain. The prison physician continued to prescribe narcotic pain medication for Brennan’s chronic pain. In June 2012, Brennan was transferred to another prison, where he submitted requests for medical treatment to have his pain medication renewed. He was evaluated by Dr. Dyjerlynn La...

June 10, 2019

            Recent Georgia cases have more broadly interpreted the time/tolling for filing wrongful death claims.  Below is a summary of recent developments regarding the tolling of such claims and the impact on litigation/statutes of limitation. 

            Claims arising from a wrongful death can be broken down into two separate actions.  The decedent’s estate could make a wrongful death claim for the decedent’s pain and suffering.  Pursua...

May 7, 2019

            The Georgia Court of Appeals recently reversed the grant of summary judgment to a defendant on the issue of bad faith attorney’s fees.  Nash v. Reed, A18A1707, 2019 WL 1123530 (Ga. Ct. App. Mar. 12, 2019).  In so doing, the court determined that “[b]ad faith under OCGA § 13-6-11 must have arisen out of how the defendant acted in dealing with the plaintiff.”

            In Nash, the plai...

March 22, 2019

            In a recent decision from the Eleventh Circuit, the court found that an officer who tightens handcuffs with the intent to cause pain may be held liable for use of excessive force.  Sebastian v. Ortiz, 17-14751, 2019 WL 1187012 (11th Cir. Mar. 14, 2019).  In so finding, the court used the test as laid out by the U.S. Supreme Court in Graham v. Connor, 490 U.S. 386, 396 (1989) and extended by Vinyard v. Wilson, 311 F.3d 1340, 1347 (11th...

March 19, 2019

            In July 2010, officers arrested Javon Thomas for assault and interference with custody of a minor child. The next morning, Corrections Officer Randy Avery was concluding his patrol duties when “[he] was informed that there was a medical emergency where an inmate was possibly having a seizure.” Avery then, “saw inmate Javon Thomas sitting on the top bunk,” “sweating profusely” with “mucous coming out of his nose and saliva coming out of his mouth.” The officers attempted to have...

Please reload

Please reload

Posts by Topic

Posts by Date

I'm a paragraph. Click here to add your own text and edit me. It's easy.

Archived Blogs

Click here for a link to our blog archives prior to 2015