Featured Post

Seventh Circuit Recognizes Reckless Driving by Police Can Violate Fourteenth Amendment and Reinstates Failure-to-Train Monell Claim

Colin E. Flora | May 21st, 2021
Today’s discussion covers a great many recent decisions but focuses primarily on the Seventh Circuit’s important decision in Flores v. City of South Bend that helped refine Section 1983 Monell liability under the failure-to-train theory and reminded that reckless conduct may be sufficiently egregious for a jury to find conduct constituted actionable deliberate indifference.
continue reading
Featured Post

Indiana Court of Appeals Reminds Hospital Can be Liable for Acts of Independent Contractors

Colin E. Flora | Oct 2nd, 2020
In this installment, we return to the question of when a hospital may be held responsible for the acts of independent contractors. We also examine whether a treble-damages clause is an unenforceable penalty provision, whether a basketball coach is subject to the same standard as players for injuries during practice, and briefly examine the derivative jurisdiction doctrine in the context of the Federal Officer Removal Statute.
continue reading