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Daily Case Update Archive

As a service to our members, we monitor opinions issued from the Ohio Supreme Court, the Ohio State First District Court of Appeals, and the United States Sixth Circuit Court of Appeals.  You can read the latest summaries or archived summaries from 2005 or 2006.

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April 29, 2008

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States
 

TOPICS:
- Due process rights
- Punitive damages award
 

Ohio Supreme Court
 
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First District Court of Appeals
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U.S. Sixth Circuit Court of Appeals:  Ohio Cases
 
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U.S. Sixth Circuit Court of Appeals: Other States Cases
 
Johnson v. Bell (April 29, 2008)(Appeal from M.D. TN)
http://www.ca6.uscourts.gov/opinions.pdf/08a0167p-06.pdf
-  In 1981, petitioner-appellant Cecil C. Johnson, Jr., was convicted by a Davidson County, Tennessee, jury of three counts of first degree murder, two counts of robbery, and two counts of assault. Johnson was sentenced to death for the murders and received four consecutive life sentences for the remaining convictions. The convictions and sentences were upheld by the Tennessee Supreme Court on direct appeal, and the United States Supreme Court denied Johnson’s petition for a writ of certiorari. Johnson twice sought postconviction relief in state court; both attempts failed. Johnson filed the instant petition in federal court in January 1999. The district court granted respondent’s motion for summary judgment and dismissed the petition. This court granted a certificate of appealability on six issues. For the following reasons, we affirm the judgment of the district court.
 
Gibson v. Moskowitz (April 29, 2008)(Appeal from W.D. MI)
http://www.ca6.uscourts.gov/opinions.pdf/08a0168p-06.pdf
-  Ozy Vaughn, a mentally disabled inmate, died from severe dehydration after being held for several days in a 90 to 100 degree observation room. A jury determined that Dr. David Moskowitz’s deliberate indifference and medical malpractice caused Vaughn’s death and awarded his estate $2 million in compensatory damages (later reduced to $1.5 million) and $3 million in punitive damages. We affirm in part and reverse in part.
 
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