Herring v. Keenan

3 Citing briefs

  1. Oregon Prescription Drug Monitoring Program v. United States Drug Enforcement Administration

    Memorandum in Support of Motion for Summary Judgment.

    Filed July 1, 2013

    Other circuits to address the issue agree. Herring v. Keenan, 218 F.3d 1171, 1175 (10th Cir. 2000); Doe v. Se. Pa. Transp. Auth

  2. Sanchez v. City and County of Denver Colorado

    RESPONSE to 24 MOTION to Dismiss, 22 MOTION to Dismiss

    Filed December 24, 2019

    Further, a constitutional right can be clearly established “by the weight of authority from other courts.” Herring v. Keenan, 218 F.3d 1171, 1176 (10th Cir. 2000) (citing Anaya v. Crossroads Managed Care Systems, Inc., 195 F.3d 584, 594 (10th Cir. 1999)). Ms. Sanchez’s right to give birth in a hospital setting was clearly established by the great weight of authority of other courts, and Defendants’ conduct violated that clearly established right. Clifton, 2006 U.S. Dist. LEXIS 91043, at *10 (finding well over a decade ago that defendants had “fair warning” that their conduct constituted a violation of federal law because there were sufficient cases holding that an officer’s delay in providing medical treatment to a pregnant inmate constitutes deliberate indifference to the inmate’s medical needs, thus violating Eighth Amendment rights); see also Havard, 436 F. App’x at 455 (Sixth Circuit holding in 2011 that defendants’ conduct met the subjective deliberate standard where they failed to take inmate to hospital despite knowledge that she was pregnant, complaining of labor pains, dilated, having contractions, and were told that the bab

  3. Mocek v. City of Albuquerque et al

    REPLY to Response to Motion re MOTION to Dismiss of Individual Federal Defendants

    Filed July 27, 2012

    Therefore, even if the Plaintiff did correctly discern TSA policy based on his interpretation of blogs and e-mail exchanges, that policy does not create a clearly established right to videotape TSA officers and procedures at a security checkpoint. See Herring v. Keenan, 218 F.3d 1171, 1180 (10 th Cir. 2000) (holding that probation officer’s disclosure to probationer’s sister and employer of his HIV status violated internal policy, but that violation of policy did not make disclosure a violation of constitutional right). For a right to be recognized as a clearly established constitutional right, the Plaintiff must demonstrate that there is a “Supreme Court or Tenth Circuit decision on point, or the clearly established weight of authority from other courts must have found the law to be as the plaintiff maintains.”