Plaintiff-Appellant Robert Norse was ejected from two meetings of the Santa Cruz City Council, one in 2002 and one in 2004. He filed this 42 U.S.C. § 1983 action against the City and its Mayor and Council members alleging violation of his First Amendment rights. In a 2004 unpublished, nonprecedential disposition, we unanimously upheld the validity of the Council rules that were being enforced at ... More...   $0 (11-07-2009 - CA)

This action arises from the tragic shooting by police officers of a fifteen-year old boy, Brandon McCloud, in his own bedroom. While conducting a protective sweep of a home in the early-morning darkness prior to executing a search warrant, the officers encountered a male suspect hiding in a bedroom closet. When they ordered him to come out and show his hands, the suspect came toward the officers w... More...   $0 (11-06-2009 - OH)

Matthew Miller appeals from the district court’s order denying him qualified immunity against Samuel Rhoads’ 42 U.S.C. § 1983 claim that Deputy Miller subjected him to excessive force while booking him into the Big Horn County Jail. We affirm.

Background

On December 1, 2005, Deputy Ben Mayland responded to a complaint that a drunken man in a wheelchair – Mr. Rhoads – was thr... More...   $0 (11-05-2009 - Wy)

Plaintiff-Appellant Lisa Nicole Bridges appeals from summary judgment in favor of Defendant-Appellee Deputy Brandon Yeager on her civil rights claims. 42 U.S.C. § 1983. Ms. Bridges sued the deputy solely in his individual capacity for compensatory and punitive damages claiming that (1) he used excessive force while arresting her, and (2) he falsely arrested her for assault and battery on a police... More...   $0 (11-03-2009 - OK)

Kenneth Eugene Barrett, a federal prisoner appearing pro se and in forma pauperis, appeals from the district court’s entry of judgment in favor of defendants in his civil rights suit filed under 42 U.S.C. § 1983. We reverse and remand with respect to defendants Gary Philpot and Michael Hendricks. In all other respects, we affirm.

I.

Mr. Barrett was arrested at his residence in the... More...   $0 (11-02-2009 - OK)

This is an insurance case raising some questions of Georgia law.

Without issuing a written reservation of rights, an insurer assumed the defense of a lawsuit for almost eleven months but stopped defending near the end of the discovery period because it decided that there was no coverage. At that point the policy holder hired its own attorneys to defend the lawsuit. About one month after the... More...   $0 (10-30-2009 - GA)

This appeal is the second in continuing litigation by a group of members of the Passamaquoddy Tribe called Nulankeyutmonen Nkihtaqmikon--the phrase means "We Protect the Homeland," and we refer to the group as NN--to challenge a Bureau of Indian Affairs ("BIA") decision; the decision approved a lease of a plot of Passamaquoddy land for the construction and operation of a liquefied natural gas ("LN... More...   $0 (10-29-2009 - ME)

After he was arrested for the simple assault of his estranged wife, Ralph Holder brought this § 1983 action against the Town of Sandown, one Sandown police officer and the Sandown Chief of Police. In his complaint, Mr. Holder alleged, in addition to other claims not relevant to this appeal, that the officer had lacked probable cause to effect the arrest and therefore had violated his rights under... More...   $0 (10-29-2009 - NH)

Jamie Marie Meissner sued Orange County, California sheriff's deputies on a civil rights violation theory under 42 U.S.C. 1983 claiming that the deputies used excessive force when she was arrested on suspicion of given false information to them after she was questioned by Laguna Beach police for jaywalking.

Defendants denied wrongdoing.... More...   $0 (10-28-2009 - MD)

Plaintiffs-Appellants Amy Thomson, individually and as guardian ad litem for her two children, and the estate of Chad Thomson, through Ms. Thomson as its personal representative, challenge the district court’s grant of summary judgment for Defendants-Appellees Salt Lake County and Deputy Alan Morrical. First, Plaintiffs argue that it was error to grant summary judgment to Deputy Morrical on the ... More...   $0 (10-27-2009 - UT)

Patrick Butler, who began working as a police officer in the little village of Round Lake (Illinois) in 1997, appeals from a grant of summary judgment dismissing the case he brought against the village in 2006 under the Americans With Disabilities Act (ADA). The basis for the dismissal was judicial estoppel. We begin with the facts.

Based in Kenosha, Wisconsin, 1 it was ranked as the number... More...   $0 (10-26-2009 - IL)

In this civil rights case, Orlando police officers Lori Fiorino and David Burk appeal from the district court’s denial of their motion for summary judgment on the basis of qualified immunity. Appellee Amy Shirley Oliver, as personal representative of the estate of Anthony Carl Oliver, Sr., alleges that the officers used excessive and unreasonable force in violation of Anthony Oliver’s Fourth A... More...   $0 (10-26-2009 - FL)

In this interlocutory appeal, Joe Rector challenges the district court’s denial of his motion for summary judgment based on qualified immunity. Danny Bowling sued Rector and eight other defendants under 42 U.S.C. § 1983, alleging that they violated his constitutional right to be free from unreasonable search and seizure when Rector applied for and received a warrant to search Bowling’s house ... More...   $0 (10-26-2009 - OK)

James E. Stevenson, Jr., appeals pro se from a district court order that dismissed his civil-rights complaint as time barred. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

BACKGROUND

Mr. Stevenson filed his 42 U.S.C. § 1983 complaint pro se on June 11, 2008. He alleged that he was falsely arrested and beaten by deputies of the Carter County, Oklahoma, Sheriff’s Offi... More...   $0 (10-26-2009 - OK)

Jacqueline Fegan sued Robert Reid, Dennis Doherty, James Young, Michael Drew and City of Chicago on a civil rights violation theory, 42 U.S.C. 1983, claiming that defendants conspired to violate her civil rights by arresting during a dispute over a parking ticket. While on her normal patrol, Fegan had come upon the four officers in a dispute with a traffic aide. She testified that Officer Robert R... More...   $1500000 (10-24-2009 - IL)

Plaintiffs-Appellants Delia Berglund and her daughter Darlene Vasquez (“Plaintiffs”) appeal the district court’s grant of summary judgment for Defendants-Appellees Board of County Commissioners of Pottawatomie County, Pottawatomie County Sheriff Kurt Shirey, Pottawatomie County Sheriff’s Deputy David Swearingen, and Pottawatomie County Sheriff’s Deputy Anthony Rodriguez (“Defendants”... More...   $0 (10-22-2009 - OK)

Plaintiff-appellant Sharice Green (“plaintiff” or “Green”) brought this action on behalf of
herself and her child claiming that defendants-appellees violated the United States Constitution and
New York law when they successfully petitioned the Family Court of the State of New York
(“Family Court”) for an order temporarily removing plaintiff’s child from her custody. The D... More...   $0 (10-22-2009 - )

Mark A. Pallotino, Sr. and Mark S. Pallotino, Jr. appeal from the district court’s judgment entered in favor of defendants. Because the district court has not disposed of all of the federal claims presented by plaintiffs in their complaint, we must dismiss the appeal for lack of jurisdiction and remand to the district court for further proceedings.

I. Background

The main issue rele... More...   $0 (10-20-2009 - NM)

Where plaintiffs appeal an interlocutory order that does not contain a Rule 54(b) certification and fail to show a substantial right will be adversely affected if the order is not immediately reviewed, the appeal is dismissed.

I. Factual and Procedural Background

On 28 October 2005, Jayceon Taylor a/k/a the rap artist “The Game” (Taylor) was scheduled to perform a concert in Wins... More...   $0 (10-20-2009 - NC)

After Robert Fisher mistakenly shot himself twice, his wife called 911. Two officers responded to the call. Fisher alleges, despite the seriousness of the gunshot wounds to his bicep and stomach, the officers handcuffed him in a painful manner that exacerbated his injuries. Fisher filed suit, claiming the officers violated 42 U.S.C. § 1983 by employing excessive force in violation of his Fourth A... More...   $0 (10-19-2009 - NM)

Plaintiff-Appellant Ibrihim Kiswani (“Kiswani”) appeals from the magistrate judge’s order that denied reconsideration of his post-trial motions. Because Kiswani failed to meet our quaint rules on timing of appeals, the magistrate judge’s opinion is affirmed.

I. BACKGROUND

Kiswani was arrested outside a nightclub on July 31, 2004, and charged with aggravated unlawful use of a ... More...   $0 (10-16-2009 - IL)

David Oliver Wheeler appeals from the district court‟s decision upon judicial review affirming the Idaho Transportation Department‟s order suspending Wheeler‟s driver‟s license for failing a blood alcohol concentration test. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

A police officer stopped Wheeler‟s vehicle after he observed it swerve across... More...   $0 (10-15-2009 - ID)

This appeal challenges the trial court's grant of summary judgment which found privi-leged a restaurant employee's statements to a passerby and a police officer that a customer had "pulled a gun" inside the store. The plaintiffs, Sanford Kelsey and Thomas Williams, respective-ly, the suspected gun carrier and his companion (neither of whom actually had a gun), sued the restaurant operator, Papa Jo... More...   $0 (10-13-2009 - IN)

Defendant-Appellant State Trooper P.J. McCadden appeals
22 from an order of the district court (David N. Hurd, Judge)
23 denying his motion for summary judgment in this action against
24 him under 42 U.S.C. § 1983 based on allegations of false arrest
25 and malicious prosecution. The grounds for the motion are that
26 McCadden was entitled to qualified immunity. We conclude th... More...   $0 (10-13-2009 - NY)

The substantive issue presented for our consideration, as framed by the appellant, City of Herrin, is “[w]hether the provision of Chapter 745 ILCS Section 10/4–107[,] which grants absolute immunity to a local public entity for releasing a person in custody[,] is applicable to the factual situation herein *** which involves an occurrence at which time the police were neither in control or prese... More...   $0 (10-12-2009 - IL)