Legal Opinion

Harold E. Sivard, Jr. v. Pulaski County, Pulaski County Sheriff's Department, Charlotte Ward, Individually and in Her Official Capacity

Court of Appeals for the Seventh Circuit

Decided April 1, 1992No. 91-1208PublishedCited by 48 opinions

1Opinion of the Court

WISDOM, Senior Circuit Judge.

The plaintiff-appellant sued Pulaski County, Indiana, its sheriff, and a local doctor for unconstitutional detention and personal injuries suffered while in prison. The district court dismissed the suit on a motion for summary judgment. Unlike the trial court, we read the complaint to state a claim for unconstitutional detention. We find, however, that unanswered questions of material fact remain as to that claim and the defendants’ defense against it. The claim was therefore inappropriate for summary judgment, and we reverse. As to the summary judgment on all…

2Cases cited17 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Baker v. McCollanSupreme Court of the United States · 1979
  3. Gerstein v. PughSupreme Court of the United States · 1975
  4. County of Riverside v. McLaughlinSupreme Court of the United States · 1991
  5. Craig S. Strauss v. City of Chicago, a Municipal Corporation, and Chicago Police Officer John DoeCourt of Appeals for the Seventh Circuit · 1985

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3Cited by48 opinions

  1. Lee v. City Of Los AngelesCourt of Appeals for the Ninth Circuit · 2001
  2. Lee v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2001
  3. Shane Holloway v. Delaware County SCourt of Appeals for the Seventh Circuit · 2012
  4. Ortega v. ChristianCourt of Appeals for the Eleventh Circuit · 1996
  5. Daryl L. Davis v. Calzona Hall, Ex-Director, St. Louis County Department of Justice Services, in His Individual Capacity Dora B. Schriro, Director, Missouri Department of Corrections, in Her Individual Capacity Robert A. Meechum, Lieutenant Jacqueline D. Young St. Louis County Brian Goeke Larry Wilson Susan Martin Stacy Breedon John Prier Travis Clyburn, Barbara Knell Rebecca Atterberry, Pat Roll, Daryl L. Davis v. Calzona Hall, Ex-Director, St. Louis County Department of Justice Services, in His Individual Capacity Dora B. Schriro, Director, Missouri Department of Corrections, in Her Individual Capacity Robert A. Meechum, Lieutenant Jacqueline D. Young St. Louis County Brian Goeke Larry Wilson, Susan Martin Stacy Breedon John Prier Travis Clyburn, Barbara Knell Rebecca Atterberry Pat Roll, Daryl L. Davis v. Calzona Hall, Ex-Director, St. Louis County Department of Justice Services, in His Individual Capacity Dora B. Schriro, Director, Missouri Department of Corrections, in Her Individual Capacity Robert A. Meechum, Lieutenant Jacqueline D. Young St. Louis County Brian Goeke Larry Wilson, Susan Martin Stacy Breedon John Prier Travis Clyburn Barbara Knell Rebecca Atterberry Pat RollCourt of Appeals for the Eighth Circuit · 2004

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