|
B & H MEDICAL, L.L.C., a Michigan limited liability company, Plaintiff-Appellant, STEPHEN M. RYAN, P.L.L.C. and STEPHEN M. RYAN, Attorneys-Appellants (06-1339), v. ABP ADMINISTRATION, INC. and WRIGHT & FILIPPIS, INC., Defendants-Appellees. |
|
Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 02-73615—Gerald E. Rosen, District Judge.
Argued: March 14, 2008
Decided and Filed: July 25, 2008
Before: MOORE, GILMAN, and SUTTON, Circuit Judges.
PER CURIAM. In response to our opinion granting Defendants-Appellees’ motion for appellate sanctions pursuant to Rule 38 of the Federal Rules of Appellate Procedure, John A. Cook, counsel for Defendants-Appellees, filed an affidavit in support of a requested amount of sanctions totaling $152,846.11. B & H Medical, L.L.C., Plaintiff-Appellant (“B&H”), and Stephen M. Ryan, P.L.L.C., and Stephen M. Ryan, Attorneys-Appellants (collectively, “Ryan”), filed a response contending that the requested amount is excessive. For the reasons stated below, we agree and fix the amount at $10,000.
|
CAROLYN PHILLIPS, Representative of the Estate of Sonya Denise Phillips, Plaintiff-Appellee, v. ROANE COUNTY, TENNESSEE, et al., Defendants, KEN YAGER, Mayor of Roane County, DAVID HAGGARD, Sheriff of Roane County, GLORIA WRIGHT, Administrative Director of Roane County Ambulance Services, FAY HALL, LINDA MAYES, JOHN MAYES, KELLY JACKSON, CATHY GOSS, THOMAS PIO, SANDRA MILLER, STACEE FRENCH, LINDA CARTER, JESSE RITTENHOUSE, THOMAS MELTON, “OFFICER” BELCHER, Correctional Officers for Roane County, HOWIE ROSE, DURANDA TIPTON, Roane County E.M.T., all in their individual capacities, Defendants-Appellants (07-5405), THOMAS BODUCH, M.D., Defendant-Appellant (07-5407). |
|
Appeal from the United States District Court
for the Eastern District of Tennessee at Knoxville.
No. 00-00692—Thomas W. Phillips, District Judge.
Argued: March 18, 2008
Decided and Filed: July 25, 2008
Before: RYAN, SILER, and COLE, Circuit Judges.
R. GUY COLE, JR., Circuit Judge. Plaintiff-Appellee Carolyn Phillips, the representative of Sonya Denise Phillips’s Estate (hereinafter “the Estate”), filed this claim under 42 U.S.C. § 1983 against various governmental officials, alleging that they were deliberately indifferent to Phillips’s serious medical needs. At issue in this case is whether the district court properly denied qualified immunity to the officials. Viewing the facts in the light most favorable to the Estate, we AFFIRM the denial of qualified immunity to the correctional officers of Roane County, Duranda Tipton, and Dr. Thomas Boduch, REVERSE the denial of qualified immunity to Ken Yager, David Haggard, Gloria Wright, and Howie Rose, and REMAND this case for further proceedings consistent with this opinion.