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Robert Norse v. City of Santa Cruz
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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 In a 2004 unpublished, nonprecedential disposition, we unanimously upheld the validity of the Council rules that were being enforced at ...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)
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Dorothy Chappell v. City of Cleveland
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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)
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Samuel Eugene Rhoads v. Matthew Miller
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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)
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Lisa Nicole Bridges v. Brandon Yeager
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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)
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Kenneth Eugene Barrett v. Johnny Philpot, Sheriff of Sequoyah county, Oklahoma
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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)
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World Harvest Church, Inc. v. Guideone Mutual Insurance Company
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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)
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NULANKEYUTMONEN NKIHTAQMIKON v. ROBERT K. IMPSON, Acting Regional Director, Eastern Region, Bureau of Indian Affairs; and KEN SALAZAR, Footnote Secretary, United States Department of the Interior
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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)
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Ralph Holder v. Town of Sandown, J. Scott Currier, Jason R. Morrow and Derek Feather
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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)
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Jamie Marie Meissner v. John Doe
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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)
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Amy Thompson v. Salt Lake County
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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)
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Patrick L. Butler v. Village of Round Lake Police Department
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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)
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Amy Shirley Oliver v. Lori Fiorino
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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)
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Danny J. Bowling v. Joe Rector, Commissioned Agent of the Oklahoma
State Bureau of Investigation,
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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)
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James E. Stevenson, Jr. v. Ken Grace, Carter County Sheriff; Shannon Davis, Deputy
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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)
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Jacqueline Fegan v. Robert Reid, Dennis Doherty, James Young and Michael Drew
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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)
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Delia Berglund v. Pottawatomie County Board of Commissioners
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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)
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Sharice Green v. John B. Mattingly
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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 - )
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Mark A. Pallotino, Sr. v. City of Rio Rancho, et al.
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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)
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Hien Nguyen v. Jayceon Taylor
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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)
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Robert Fisher v. The City of Las Cruces
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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)
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Ibrihim Kiswani v. Phoenix Security Agency, Inc., et al.
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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)
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David Oliver Wheeler v. The Idaho Transportation Department
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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)
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Thomas Williams and Sanford Kelsey v. Kelly Eugene Tharp and Papa John's U.S.A., Inc.
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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)
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Martin Droz v. P.J. McCadden
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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)
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Jennifer Keener v. The City of Herrin
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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)
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