impropriety? Learn the language….
Hat tip to Sbry for this!
There is a collaboration of differences within the court system itself. If a judge orders you to a specific person, i.e. psychologist, GAL, etc… it is presumed that this person has been before the judge; for the judge to determine their merits. In that example, the question of the judges opinion of that person is called upon. Why would a judge specifically ask for this person, and although he/she has been before the judge, what were the reasons for the judge to specifically require a person to see this specific person?I believe that the first instant this happens, the litigant has the right to know why, the very reason a judge chooses another person to come into any case.
What exactly is it that the judge saw in this person? How long has this person been before this judge? Has there been any other functions that the judge and this person been to? Do they have the same circle of friends? How many cases has this judge ordered litigants to see this person? Does the judge have this persons direct number? Has the judge called this person? (In the last 3 months, 6 months, 9 months?) It is questionable when a judge orders anything out of the normal function and I figured when we have more to lose, that is when the judge gets nasty…that’s when they require more, expect you to jump through hoops set on fire, when in all essence, they know you will not be able to.
Deliberate indifference is the conscious or reckless disregard of the consequences of one’s acts or omissions. It entails something more than negligence, but is satisfied by something less than acts or omissions for the very purpose of causing harm or with knowledge that harm will result.
In law, the courts apply the deliberate indifference standard to determine if a professional has violated an inmateâ€™s civil rights. Deliberate indifference occurs when a professional knows of and disregards an excessive risk to an inmateâ€™s health or safety. Even though it is difficult to identify what does and does not constitute deliberate indifference, courts have recognized several factual scenarios where deliberate indifference exists. For example, intentionally refusing to respond to an inmateâ€™s complaints has been acknowledged as constituting deliberate indifference. [Gutierrez v. Peters, 111 F.3d 1364, 1366 (7th Cir. Ill. 1997)]; Intentionally delaying medical care for a known injury (i.e. a broken wrist) has been held to constitute deliberate indifference. [Farmer v. Brennan, 511 U.S. 825 (U.S. 1994).]
The following are examples of case law discussing deliberate indifference
Prison employees who act with deliberate indifference to the inmates’ safety violate the Eighth Amendment. But to be guilty of "deliberate indifference" they must know they are creating a substantial risk of bodily harm. If they place a prisoner in a cell that has a cobra, but they do not know that there is a cobra there (or even that there is a high probability that there is a cobra there), they are not guilty of deliberate indifference even if they should have known about the risk, that is, even if they were negligent–even grossly negligent or even reckless in the tort sense–in failing to know. But if they know that there is a cobra there or at least that there is a high probability of a cobra there, and do nothing, that is deliberate indifference.[Billman v. Indiana Dep’t of Corrections, 56 F.3d 785, 788 (7th Cir. Ind. 1995)]
Deliberate indifference is defined as â€œa failure to act where prison officials have knowledge of a substantial risk of serious harm to inmate health or safety.â€ Crayton v. Quarterman, 2009 U.S. Dist. LEXIS 103709 (N.D. Tex. Oct. 14, 2009)
Deliberate indifference is defined as requiring (1) an "awareness of facts from which the inference could be drawn that a substantial risk of serious harm exists" and (2) the actual "drawing of the inference." Elliott v. Jones, 2009 U.S. Dist. LEXIS 91125 (N.D. Fla. Sept. 1, 2009).
Learn the language……..