§

E.P. v. U.S.

835 F. Supp. 2d 1109 (D. Kan. 2011)
E.P. v. U.S.

3 Citing cases

  1. Murphy v. United States

    Civ. No. 20-557 GBW/SMV (D.N.M. Nov. 25, 2020)   Cited 6 times

    The local law in this case is that of New Mexico since "every alleged act or omission at issued occurred [here]." JGE v. United States, CV 14-710 MV/WPL, 2016 WL 7438011, at *10 (D.N.M. Aug. 9, 2016) (unpublished) (citing E.P. ex rel. Portenier v. United States, 835 F. Supp. 2d 1109, 1115 (D. Kan. 2011)). "Under New Mexico law, a 'negligence claim requires that the plaintiff establish four elements: (1) defendant's duty to the plaintiff, (2) breach of that duty, typically based on a reasonable standard of care, (3) injury to the plaintiff, and (4) the breach of duty as cause of the injury.'"

  2. Moghtader v. GEO Grp.

    Civil Action No. SA-18-CV-632-XR (W.D. Tex. Mar. 31, 2020)   Cited 2 times

    Some courts have recognized a cause of action for medical negligence based on failure to report child abuse, but others have not, finding that the duty to provide reasonable medical care does not include diagnosing and preventing abuse. E.g., E.P. ex rel. Portenier v. United States, 835 F. Supp. 2d 1109, 1117 (D. Kan. 2011) (discussing cases). This case involves alleged abuse of an adult.

  3. JGE v. United States

    CV 14-710 MV/WPL (D.N.M. Aug. 9, 2016)   Cited 3 times
    Finding that individual defendants were entitled to qualified immunity on Section 1983 familial association claim at the motion to dismiss stage because the complaint failed to allege that the defendants' acts or omissions "'occurred with the specific intent... to deprive Plaintiff of [their] rights of association' with [the decedent]"

    Here, every alleged act or omission at issue occurred in New Mexico; consequently, the Court will apply the substantive tort law of New Mexico in this case. See, e.g., E.P. ex rel. Portenier v. United States, 835 F. Supp. 2d 1109, 1115 (D. Kan. 2011) ("Here, all alleged acts and omissions occurred in Kansas, and so Kansas state law applies."), aff'd, 520 F. App'x 707 (10th Cir. 2013).