(Download) "Horn V. Madison County Fiscal Court" by United States Court Of Appeals For The Sixth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Horn V. Madison County Fiscal Court
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 21, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
McKEAGUE, District Judge. Appeal is taken from the judgment of the United States District Court for the Eastern District of Kentucky upon jury verdict finding that defendant Ron Devere was not negligent in his treatment of plaintiff Christopher Horn, a juvenile. Plaintiff-appellant sustained injury when he attempted suicide while housed at the Madison County Detention Center. The district court, the Honorable Karl S. Forester, had earlier dismissed plaintiff's claim under 42 U.S.C. § 1983, asserting rights under the Juvenile Justice and Delinquency Prevention Act of 1974 (hereinafter "Juvenile Justice Act" or simply "Act"). The district court had also directed a verdict in favor of the defendants on a second § 1983 claim, asserting rights under the Eighth Amendment. Plaintiff-Appellant asserts the district court erred (1) in ruling the Juvenile Justice Act is not enforceable through a private cause of action; (2) by directing a verdict on plaintiff's Eighth Amendment claim; (3) by prohibiting introduction of evidence of the Act's requirements in support of his Eighth Amendment claim; and (4) by denying him a directed verdict on his claim that incarceration of a juvenile in an adult facility is unconstitutional per se.