· 12/6/2007
Williams v. Rodriguez
Citations
- 509 F.3d 392
- 2007 U.S. App. LEXIS 28201
- 2007 WL 4258679
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a city could be liable for the acts of a police officer who was no longer a named defendant
- holding that an arrested plaintiff who said to a police-officer defendant that he had asthma, “can’t breathe,” and “needed [his] medication,” but did not “exhibit[ ] physical symptoms reflective of an asthma attack,” did not demonstrate a serious medical condition
- explaining that failure to identify unknown defendant during discovery and consequential failure to serve that defendant with process requires dismissal
- concluding, in deliberate-indifference action, that liability for willful and wanton conduct is derivative of federal liability
- stating that dismissal is proper where plaintiff failed to identify and serve unnamed defendant before close of discovery
- noting that claims challenging the conditions of confinement brought by “pretrial detainees ... who have not yet had a judicial determination of probable cause (a Gerstein hearing), are instead governed by the Fourth Amendment”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Flaum, Sykes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.