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· 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 CourtListener

Sourced 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.