Adam Appel was successful in defending the warden of a privately operated prison facility. The plaintiff, an inmate, sued the warden, seeking to hold him responsible for conversion of the Plaintiff’s property, which allegedly went missing following his move to the segregation unit. His prized possession: Jordan athletic shoes. The Court granted the Warden’s Motion for Summary Judgment.
Adam Appel was successful in obtaining a defense verdict after a three-day trial in United States District Court, Northern District of Georgia, Atlanta Division, on behalf of his Correctional Officer client in an excessive force and deliberate indifference to an inmate’s serious medical needs case. The plaintiff, an inmate, alleged that three correctional officers used excessive force against him during the intake process resulting in a dislocated shoulder which required surgical repair. The inmate also alleged that the correctional officers denied his request for medical attention after the alleged use of excessive force. The correctional officers denied the inmates claim that they used force against him or that he requested medical attention. The plaintiff did require surgical repair to his shoulder, however, the defendants argued that the plaintiff had a preexisting condition that resulted in a dislocation from the application of minimal force. The parties agreed to a bench trial before Judge Orinda Evans. Judge Evans entered a Verdict for all defendants on July 28, 2010. The case is Willie Waters v. Bennie Parnell, Lt. F.E. Wiley and Durane Carter.
The United States Court of Appeals for the Eleventh Circuit affirmed the summary judgment that Adam Appel obtained for a physician in a case in which the plaintiff alleged that the physician acted with deliberate indifference in violation of the Eighth Amendment. The plaintiff alleged that violation of the Eighth Amendment’s proscription against deliberate indifference on the part of several physicians and other medical professionals caused the death of his brother, a prisoner, who died from a sudden stroke. On summary judgment, attorneys argued that the plaintiff failed to demonstrate that the physician acted with deliberate indifference to the decedent’s serious medical needs, and also that the physician was entitled to qualified immunity. The Court of Appeals affirmed the district court’s grant of summary judgment for their physician client. Phillip Weathers v. James Lanier, et al., 05-00011-CV-RLV-4.
Adam Appel successfully obtained summary judgment in the U.S. District Court for the Middle District of Georgia on behalf of the medical coordinator at a private prison facility in a civil rights case. Plaintiff slipped and fell in the prison shower, fracturing a vertebrae. Plaintiff filed suit alleging that the medical coordinator was deliberately indifferent to his serious medical need by delaying an orthopedic consultation. In ruling in favor of the medical coordinator, the court found that although the medical coordinator was subjectively aware of the plaintiff’s serious medical needs, the care provided was objectively sufficient in response to those needs.