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CECIL C. JOHNSON, JR., Petitioner-Appellant, v. RICKY BELL, Warden, Respondent-Appellee. |
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Appeal from the United States District Court
for the Middle District of Tennessee at Nashville.
No. 99-00047—Robert L. Echols, District Judge.
Argued: March 15, 2007
Decided and Filed: April 29, 2008
Before: BATCHELDER, COLE, and GIBBONS, Circuit Judges.
JULIA SMITH GIBBONS, Circuit Judge. In 1981, petitioner-appellant Cecil C. Johnson, Jr., was convicted by a Davidson County, Tennessee, jury of three counts of first degree murder, two counts of robbery, and two counts of assault. Johnson was sentenced to death for the murders and received four consecutive life sentences for the remaining convictions. The convictions and sentences were upheld by the Tennessee Supreme Court on direct appeal, and the United States Supreme Court denied Johnson’s petition for a writ of certiorari. Johnson twice sought postconviction relief in state court; both attempts failed. Johnson filed the instant petition in federal court in January 1999. The district court granted respondent’s motion for summary judgment and dismissed the petition. This court granted a certificate of appealability on six issues. For the following reasons, we affirm the judgment of the district court.
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ANTOINETTE GIBSON, Plaintiff-Appellee/ Cross-Appellant, v. DAVID MOSKOWITZ, M.D., Defendant-Appellant/ Cross-Appellee. |
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Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 03-00053—Marianne O. Battani, District Judge.
Argued: March 11, 2008
Decided and Filed: April 29, 2008
Before: DAUGHTREY and SUTTON, Circuit Judges; POLSTER, District Judge.
SUTTON, Circuit Judge. Ozy Vaughn, a mentally disabled inmate, died from severe dehydration after being held for several days in a 90 to 100 degree observation room. A jury determined that Dr. David Moskowitz’s deliberate indifference and medical malpractice caused Vaughn’s death and awarded his estate $2 million in compensatory damages (later reduced to $1.5 million) and $3 million in punitive damages. We affirm in part and reverse in part.