© 2019 Buckley Christopher P.C.

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Atlanta, GA  30329

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January 22, 2020

            Quincy Williams, a state prisoner, brought a § 1983 action against defendants, including correctional officers, alleging excessive force in violation of the Eighth Amendment following the use of pepper spray on Williams.  Williams v. Rickman, 759 Fed.Appx. 849 (11th Cir. 2019). The district court adopted the report and recommendation of United States Magistrate Judge and granted the defendants' motion for summary judgment.

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January 9, 2020

            George Hardy, an inmate, had a history of cardiovascular disease and type II diabetes and was prescribed Plavix to prevent the formation of blood clots.  Following surgery on his salivary glands, the medical staff discovered blood clots in his right leg and that he had gangrene, which led to a leg amputation. Hardy alleged that stopping his medication prior to the surgery caused the blood clots and he filed a § 1983 claim against the...

December 19, 2019

          Diane and Andre Johnson, who were arrested following their criticism of a police officer's arrest of a third party, brought an action against the police officers alleging false arrest, retaliatory arrest, and malicious prosecution under § 1983, and against the county for municipal liability under § 1983.  Johnson v. DeKalb County, Georgia, 391 F.Supp.3d 1224 (N.D. Ga. 2019). Defendants moved for summary judgment.

          The Johnsons had gone to...

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...

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