| 24-7233 |
Joseph Anthony Daniels v. Vincent Gore, Medical Doctor |
Fourth Circuit |
2025-05-16 |
Denied |
IFP |
civil-procedure coronavirus-claim medical-examination medical-records prostate-cancer summary-judgment |
SHOULD THE APPEALS COURT HAVE ORDERED A PHYSICAL EXAMINATION ON PLAINTIFF TO SUBSTANTIATE HIS CLAIM OF HAVING PROSTATE CANCER, WHICH FACT BECAME EVIDE… |
| 24-5802 |
Burford Earl Frederick v. Douglas A. Collins, Secretary of Veterans Affairs |
Federal Circuit |
2024-10-22 |
Denied |
Response WaivedRelisted (2)IFP |
administrative-law constitutional-violation due-process equal-protection medical-examination veterans-rights |
The SHA medical exam is required at discharge by the D.O.D, AND THE DEPARTMENT of Veterans Affairs. When a serviceman is overlooked, would this be a G… |
| 23-7672 |
Andrew Culler v. Ohio |
Ohio |
2024-06-07 |
Denied |
IFP |
confrontation-clause due-process medical-examination sexual-assault sixth-amendment testimonial-hearsay victim-statements |
The admission of testimonial hearsay violates the Sixth Amendment's Confrontation Clause. In this case, the medical/sexual assault nurse's examination… |
| 23-667 |
Blair Coleman v. Frank Kendall, Secretary of the Air Force |
Fourth Circuit |
2023-12-20 |
Denied |
Response Waived |
10-usc-1210 administrative-law arbitrary-and-capricious disability-rating medical-examination military-procedure physical-disability-board-of-review temporary-disability-retired-list veterans-benefits veterans-disability |
The United States Court of Appeals for the Fourth Circuit held that a veteran who was constructively and retroactively placed on the Temporary Disabil… |
| 22-66 |
Keith Kreszowski v. FCA US, LLC, et al. |
Sixth Circuit |
2022-07-25 |
Denied |
Response Waived |
americans-with-disabilities-act causal-connection disability-discrimination disability-perception job-relatedness medical-exam medical-examination pretext pretext-standard retaliation-claim summary-judgment |
This case involves a consideration of issues involving claims under the Americans with Disabilities Act Amendments Act ("ADAAA"). The extent and abili… |
| 19-604 |
Ernest L. Francway, Jr. v. Robert Wilkie, Secretary of Veterans Affairs |
Federal Circuit |
2019-11-08 |
Denied |
Amici (2) |
administrative-law burden-of-proof department-of-veterans-affairs due-process federal-circuit judicial-presumption medical-examination medical-examiner medical-expertise presumption-of-competency pro-claimant va-medical-examiners veterans-benefits |
Congress has established a veterans-benefits system that is uniquely pro-claimant. In veterans-benefit cases, every statutory and regulatory presumpti… |
| 19-6162 |
Sean V. Terry v. Swift Transportation |
Fourth Circuit |
2019-10-04 |
Denied |
Response WaivedIFP |
bodily-autonomy civil-rights due-process employee-rights employment medical-ethics medical-examination privacy privacy-violation regulations workplace-conduct |
Is it Lawful, for an "Employer appointed Physician, to require an Employee, or an
Apprentice thereof, to "lower, or remove outer clothing, and underw… |
| 18-1510 |
Fredesvindo Rodriguez-Garcia v. Fior Pichardo de Veloz, et al. |
Eleventh Circuit |
2019-06-04 |
Denied |
|
civil-procedure civil-rights constitutional-rights detention-facility due-process forfeiture gender-identification gender-identity medical-examination medical-treatment procedural-error qualified-immunity |
During a five-minute medical examination in a
detention facility, Dr. Fredesvindo Rodriguez-Garcia
mistakenly concluded that Fior Pichardo de Veloz, a… |
| 18-1465 |
County of San Diego, California v. Mark Mann, et al. |
Ninth Circuit |
2019-05-24 |
Denied |
|
child-welfare due-process fourth-amendment medical-examination municipal-liability parental-consent parental-notice parental-rights shocks-the-conscience special-needs special-needs-doctrine substantive-due-process |
When children in the County of San Diego are temporarily removed from their parents' care based on suspicion that they have been abused or neglected, … |
| 18-8379 |
John Anthony Dobbs v. Texas |
Texas |
2019-03-11 |
Denied |
IFP |
civil-rights confrontation-clause constitutional-interpretation crawford-standard crawford-v-washington due-process evidence forensic-evidence medical-examination medical-forensic medical-forensic-purpose sane-nurse sane-nurse-examination testimonial-statement testimonial-statements |
BECAUSE SANE NURSE EXAMINATIONS HAVE EVOLVED INTO A DUAL MEDICAL AND FORENSIC PURPOSE, HAVE THE STATEMENTS OBTAINED BECOME 'TESTIMONIAL' FOR PURPOSES … |
| 18-1139 |
BNSF Railway Company v. Equal Employment Opportunity Commission |
Ninth Circuit |
2019-03-04 |
Denied |
Amici (2)Relisted (2) |
ada ada-discrimination americans-with-disabilities-act circuit-court-split disability discrimination employment employment-discrimination job-applicant job-applicant-rights job-duties medical-examination ninth-circuit reasonable-accommodation regarded-as regarded-as-disability |
1. Whether requiring an individualized medical
examination as a condition of employment to determine whether a job applicant or employee can safely
pe… |
| 18-1099 |
Janie L. Robinson v. State Compensation Mutual Insurance Fund |
Montana |
2019-02-22 |
Denied |
Response Waived |
4th-amendment civil-rights constitutional-rights due-process grand-bargain medical-examination new-york-central-v-white search search-and-seizure state-authority unconstitutional-conditions workers-compensation |
Montana law authorizes workers compensation
insurers to "doctor shop" by compelling repetitive medical examinations without demonstrating good cause.
… |