Federal Judiciary

2008/06/17

BOYCE F. MARTIN, JR., Circuit Judge. On January 5, 2002, Eugene Lanman was admitted to Kalamazoo Psychiatric Hospital. The next day, while suffering psychiatric delusions, he attacked a staff member. Lanman was immediately restrained by staff and administered medication to calm him down. During the attempt to restrain Lanman, he stopped breathing and never regained consciousness. He died seventeen days later after being taken off life support. His personal representative brought this action against the staff of the hospital, alleging violation of Lanman?s * constitutional rights in transgression of 42 U.S.C. § 1983, abuse or neglect in violation of Michigan law, and assault and battery. The district court denied defendants? motion for summary judgment claiming qualified immunity on all of plaintiff?s claims, and defendants brought this interlocutory appeal challenging that ruling.

2008/06/19

JULIA SMITH GIBBONS, Circuit Judge. A Kentucky prisoner proceeding pro se appeals the district court?s order dismissing his civil rights action brought under 42 U.S.C. §§ 1981 and 1983 for violations of due process, equal protection, the Eighth Amendment, and the Fourteenth Amendment during a mandatory screening procedure before the complaint was served on the defendants. For the reasons set forth below, we affirm in part and reverse in part.

2008/06/19

SUTTON, Circuit Judge. The Federal Aviation Administration (FAA) revoked Charles Gabbard?s airman and medical certificates after he failed a drug test and after the FAA concluded that he piloted a chartered jet with a prohibited drug in his system. Because Gabbard has not shown that the agency?s decision was arbitrary, capricious or otherwise not in accordance with the law, we deny his petition.