Criminal Justice Brief Bank
Arrest for Seizure Related Behavior
Snyder v. Florida, #98-0490 (Fla. Dist. Ct. App. 1999).
Should a person with epilepsy who has a seizure while driving, resulting in an automobile accident that injures others, be held criminally liable? The Epilepsy Foundation argues "no" in this Amicus Brief.
Additional Resources: Snyder v. Florida Appellate Brief
McDermott v. City of Philadelphia, No. CA78-549 (E.D. Pa. 1978). (Complaint).
Should the police be required to train officers in seizure recognition so that they are less likely to charge a person having a seizure or other medical event with criminal behavior? The Epilepsy Foundation argues "yes" in this Complaint, where it explains that the forcible arrest, denial of medication, and physical abuse of an individual while he was experiencing a seizure violates state and federal law and shows the need for training.
Buckley v. Barren County Fiscal Court (unpublished) Civil Action No.: 1:00-CV-76-M (W.D. Ky. 2002).
Are a state jail and its officials liable under the ADA and federal and state constitutions for their failure to allow a prisoner to take required antiepileptic medications for nearly twelve hours? The Plaintiff's Brief argues "yes."
Galindo, et al. v. Reeves County, et al. (W.D. Tex. C.A. 3:10cv00454). (Complaint) The family of Galindo filed a lawsuit against the Reeves County, Texas and other defendants alleging failure to provide proper medical care and treatment to Galindo while he was incarcerated. Galindo was allegedly denied access to the proper antiseizure medications and was punitively isolated from the inmate population when he complained about the lack of access to the proper medications. Galindo died in isolation. Some of the allegations in the complaint include medical malpractice, negligence, intentional affliction of emotional distress, and indifferent medical care and isolation.
Nohrenberg, et al. v. Linn County, et al. (Complaint). The Oregon Protection & Advocacy filed a lawsuit on behalf of two inmates alleging that their 14th amendment constitutional rights were violated by Linn County and other defendants. The complaint alleges that the defendants failed to provide the inmates with adequate medical care and treatment for their serious medical needs.
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