| Arrest Law |
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Armando Cuevas and Heather Bur
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Plaintiffs Armando Cuevas and Heather Burlette appeal the
district court’s grant of summary judgment against them on
their civil rights action brought pursuant to 42 U.S.C. § 1983.1
Although Plaintiffs alleged a variety of constitutional violations
in the district court, they press on appeal only their claim
that a warrantless entry int... More... $0 (6/28/2008 - CA )
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Patricia Conradt v. NBC Univer
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Patricia Conradt sued National Broadcasting Corporation claiming that her brother Louis William Conradt Jr., an assistant district attorney in Rockwell County, Texas, fatally shot himself as he was about to be arrested by the police. Louis was accused of attempting to solicit an adult posing as a 13 year old boy over the internet. He killed himself... More... $1 (6/28/2008 - TX )
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Matthew Fogel v. Wesley Collin
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Police officers of the City of Grass Valley, California,
arrested plaintiff-appellant Matthew Fogel and impounded his
van because of messages painted on the back of the vehicle.
Fogel brought suit against Grass Valley and six police officers
under 42 U.S.C. § 1983, alleging a violation of his First
Amendment rights. The district court assume... More... $0 (6/27/2008 - CA )
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Laura Phblan v. Village of Lyo
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As she was driving through the
Village of Lyons en route to the North Riverside Mall,
Laura Phelan was pulled over and arrested. Officer
Damien Dyas executed the traffic stop based on his belief
that Phelan was driving a stolen vehicle. His belief turned
out to be mistaken, and Phelan was released shortly
thereafter. She sued the Village of L... More... $0 (6/27/2008 - IL )
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State Farm Fire and Casualty C
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If an insured throws someone into a swimming pool intending to get the
other person wet, but by mistake does not throw hard enough and so the latter
lands on the pool’s cement step and suffers injuries, is the incident an “accident”
within the meaning of insurance law? We conclude it is.
In an action for damages for personal injuries and... More... $0 (6/26/2008 - CA )
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M. Akifur Rahman, et al. v. Mi
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Plaintiffs seek to represent
a class of citizens who have been delayed in reentering
the United States from abroad as a result of watch lists
maintained by the Department of Homeland Security.
Persons on these lists are screened with special attention.
Some plaintiffs contend that they should not be on a
list, because they do not pose any thr... More... $0 (6/26/2008 - IL )
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Nelson Lora-Pena v. Federal Bu
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This is an appeal from the District Court’s dismissal of
Nelson Lora-Pena’s civil complaint. For the following reasons,
we will vacate the District Court’s order and remand the case for
further proceedings.
On July 20, 2006, Appellant, an inmate at United States
Penitentiary-Canaan, initiated a pro se civil action against a
Pennsylvani... More... $0 (6/24/2008 - DE )
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Aramark Facilities Services v.
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This case arose from the response by Aramark Facility Services
(“Aramark”) to a “no-match letter” from the Social
Security Administration (“SSA”), which indicated that Aramark had reported information for 48 of its employees at the
Staples Center in downtown Los Angeles that did not match
the SSA’s database. Suspecting immigration violations, A... More... $0 (6/21/2008 - CA )
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Rachelle Jackson v. City of Ch
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Rachelle Jackson sued Kelly Brogan, Michael O'Donnell and Patrick J McCormack
on a civil rights violation theory under 42 U.S.C. 1983 claiming that she was falsely accused of stealing Police Officer Kelly Brogan's star and her partner's gun after an accident in 2002. Jackson claimed that on November 19, 2002 she heard the sound of a car wreck o... More... $7,900,000 (6/14/2008 - IL )
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Monica Lynn Bray and Ralph Bra
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¶1 This matter examines the duty of a landowner to provide reasonable protection from crimes against a business invitee. Certiorari review was granted to resolve a conflict between divisions III and IV of the Court of Civil Appeals. Today, this Court resolves that conflict and applies the applicable rule of law. In doing so, this Court concludes th... More... $0 (6/14/2008 - OK )
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Shaun Leary v. Livingston Coun
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Not long after word spread at the Livingston County Jail that
detainee Shaun Leary had been charged with raping a nine-year-old girl, several prisoners beat him
up. At stake in this 1983 action is, one, whether officer Scott Stone was deliberately indifferent
to Learys safety needs and, two, whether officer Denis McGuckin used excessive force a... More... $0 (6/13/2008 - MI )
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Thomas Cook, et al. v. Robert<
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In 1993, Congress enacted a statute regulating the service of homosexual persons in the United States military. 10 U.S.C. § 654 (2007)(the Act). The Act, known as "Don't Ask, Don't Tell," provides for the separation of members of the military who engage, attempt to engage, intend to engage, or have a propensity to engage in a homosexual act. Id. § ... More... $0 (6/12/2008 - MA )
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Earl Lee Snider and Carmin Noe
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Earl Lee Snider and Carmen Noel Snider filed claims under 42 U.S.C.
§ 1983, alleging that David Neal and Chris Evans, both officers with the Lincoln
County Sheriff’s Department, violated their Fourth and Fourteenth Amendment
rights when, without a warrant, they entered the Sniders’ home, seized Mr. and
Mrs. Snider, and seized Mr. Snider’s conce... More... $0 (6/7/2008 - OK )
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Mark D. Bogar, M.D. v. Dolores
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We again address issues arising from the expert report requirements of section 74.351 of the civil practice and remedies code. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351 (West Supp. 2006). Appellant Mark D. Bogar, M. D. appeals the probate court's denial of his motion to dismiss appellees' health care liability claims under section 74.351(b) for... More... $0 (5/17/2008 - TX )
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Frank Renteria v. Randall Scot
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In one issue, Appellant Frank Renteria, pro se, asserts that the trial court abused its discretion by granting summary judgment to his former attorney, Appellees Randall Scott Myers, d/b/a The Myers Law Firm and Randall Scott Myers, Individually. We affirm.
II. Factual and Procedural Background
On June 24, 1998, Renteria retained Myer... More... $0 (5/17/2008 - TX )
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Jeffrey R. Purtell and Vicki A
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This free-speech lawsuit requires
us to determine the present scope of the “fighting-words”
doctrine. The setting is a neighborhood feud. The case
features an unsightly, 38-foot recreational vehicle stored
on a residential driveway in suburban Chicago, a neighborhood
petition drive to force its removal, and a derogatory
Halloween yard display... More... $0 (5/17/2008 - IL )
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Georgia McCann v. Jack Tillman
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Appellant Georgia McCann appeals the district court’s grant of summary
judgment in her suit alleging race discrimination, retaliation, and a hostile work
environment under 42 U.S.C. §§ 1981 and 1983. We affirm.
BACKGROUND
Georgia McCann (“McCann”) has been employed as a correctional officer
for the Mobile County Sheriff’s Office ... More... $0 (5/13/2008 - AL )
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Dana L. Price-Cornelison v. St
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Defendant-Appellant Steve Brooks, the Undersheriff of Garvin County,
Oklahoma, appeals the district court’s decision denying him qualified immunity
on Plaintiff-Appellee Dana L. Price-Cornelison’s two constitutional claims that
Brooks failed to enforce Price-Cornelison’s protective orders because she is a
lesbian victim of domestic violence. Pr... More... $0 (5/12/2008 - OK )
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Continental Heritage Insurance
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Appellant appeals an order denying its motion to set aside a bond estreature,
arguing that it received insufficient notice. We disagree, and affirm. Because our
holding directly conflicts with the Fourth District’s holdings in Southland Insurance
Company, Surety v. State, 497 So. 2d 1331 (Fla. 4th DCA 1986), and Universal Bail
Bonds v. State, 8... More... $0 (5/12/2008 - FL )
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Louise Jones, et al. v. Ryan V
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Louise Jones and Fred Jones sued Kansas City Police Officers Cory Le Moine and Ryan Van Deusen on civil rights and negligence theories claiming that the police officers used excessive force during their effort to arrest Mrs. Jones in 2004. Mrs. Jones, age 70, suffered a knee injury and Mr. Jones suffered less serious injuries at the hands of the o... More... $345,000 (5/10/2008 - MO )
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Maria Torres, et al. v. City o
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In this interlocutory appeal, we face an issue remarkably
similar on its facts to that faced by the Fourth Circuit in Henry
v. Purnell, 501 F.3d 374 (4th Cir. 2007). There, a deputy sheriff,
intending to deploy a Taser device holstered near his firearm,
instead drew and fired his service weapon, wounding a
suspect fleeing arrest. Here, Madera ... More... $0 (5/10/2008 - CA )
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Jose Garcia-Aguillon v. Michae
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Jose Domingo Garcia-Aguillon, a citizen and native of Mexico, seeks review
of an order of the Board of Immigration Appeals (BIA) that summarily affirmed and
adopted the decision of an immigration judge (IJ) denying Garcia-Aguillon’s request
for voluntary departure and ordering his removal to Mexico. We dismiss the petition
for review for lack o... More... $0 (5/8/2008 - MO )
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Michael E. Hadley v. G. Gutier
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This excessive force case is before us on interlocutory appeal from the district
court’s order denying Defendants Ortivero’s and Gutierrez’s motion for summary
judgment seeking qualified immunity. We affirm in part and reverse in part.
I. Background
Michael Hadley filed pro se a civil rights complaint under 42 U.S.C. § 1983
again... More... $0 (5/6/2008 - FL )
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Ladawnya K. Carpenter, et al.<
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Three City of Franklin (Ohio) police officers argue that the district
court erred in denying their motion for summary judgment with respect to Charles Combs’ unlawfularrest
and unlawful-entry claims and Ladawnya Carpenter’s excessive-force claim. We affirm.
I.
In July 2002, an Ohio court entered a consent agreement between Sarah K... More... $0 (5/5/2008 - OH )
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Kosmore Malcom, et al. v. Pal
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Kosmore Malcom, et al. sued Palm Beach County on a false arrest theory claiming that he was wrongfully arrested by a Palm Beach County deputy sheriff during a street melee. Malcom's son Kosmore was arrested by the deputies who were called to a police disturbance on Stacy Street in November 2002. Former deputy Jason Hagar detained Herring, then sc... More... $132,000 (5/2/2008 - FL )
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Valerie Gregory, et al. v. Cou
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We must decide whether police officers used excessive
force in violation of the Fourth Amendment in attempting to
restrain an individual.
I
A
On December 2, 2002, Richard Gregory and a friend were
guests in a music studio operated by Vincent Finazzo and
Jason Fuqua in Lahaina, Maui, Hawaii. Finazzo and Fuqua
were playin... More... $0 (4/30/2008 - HI )
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James Domka v. Portage County,
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As a result of James Domka’s plea
bargain following his third-offense arrest for driving
under the influence, his sentence included work-release
privileges (known in Wisconsin as “Huber privileges”) and
the opportunity to serve the majority of his jail time at
home under Portage County’s Home Detention Program
(“HDP”). While under the HDP, Do... More... $0 (4/26/2008 - WI )
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Truth v. Kent School District<
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Appellants Truth, Sarice Undis, and Julianne Stewart (collectively,
Truth) appeal from a summary judgment in favor of
the Kent School District and other appellees (collectively,
District). Truth alleges violations of the Equal Access Act (the
Act), the First Amendment rights of free speech and expressive
association, the Free Exercise Clause, ... More... $0 (4/25/2008 - WA )
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James York v. The City of Las<
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Plaintiff James York has sued the defendant police officers, Chris Gallegos,
Frank Lucero, and Greg Martinez, under 42 U.S.C. § 1983, for violating his First
and Fourth Amendment rights when they arrested him for saying “bitch” in a
public place and used excessive force during the arrest. The police officers
moved for summary judgment on the gr... More... $0 (4/25/2008 - NM )
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Manta Management Corporation v
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Under federal law, “[l]ocal governing bodies . . . can be sued directly under
[Title 42, United State Code] § 1983 for monetary . . . relief where . . . the action
that is alleged to be unconstitutional implements or executes a policy statement,
ordinance, regulation, or decision officially adopted and promulgated by that
body’s officers.” (Mon... More... $0 (4/25/2008 - CA )
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Caterpillar Financial Services
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These appeals arise from proceedings in the Eastern District
of North Carolina, in which F/V Capt. Dylan, Incorporated,
unsuccessfully sought ownership of certain fishing permits assigned
to a vessel owned by Atlantic Capes Fisheries, Incorporated, but
used by The F/V Site Clearance I. Capt. Dylan’s claim to the
fishing permits stems from its ... More... $0 (4/25/2008 - NC )
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Great Lakes Exploration Group,
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Great Lakes Exploration Group, LLC (GLEG),
a private underwater exploration and salvage company, brought an in rem admiralty action seeking
an arrest warrant for an ancient sailing vessel (The Griffin) that sank in Lake Michigan in the 1600s.
The state of Michigan intervened to claim title to the vessel pursuant to the Abandoned Shipwreck
Act (... More... $0 (4/25/2008 - MI )
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Gina Zanone v. City of Whittie
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The City of Whittier appeals from the judgment entered in favor of Gina Zanone, a
former Whittier police officer, after a jury awarded her $1.25 million in her action for sex
discrimination, harassment and retaliation. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND1
1. Zanone Joins the Whittier Police Department
Zanone joined ... More... $1,249,165 (4/24/2008 - CA )
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Omran Abdul-Khaliq v. City of<
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Plaintiff-Appellant Omran Abdul-Khaliq appeals the district
court’s grant of summary judgment in favor of the defendants in this § 1983 action against the City
of Newark and three individual police officers for selective prosecution, unreasonable seizure,
malicious prosecution, and excessive use of force. Khaliq’s claims arise out of an incident... More... $0 (4/24/2008 - OH )
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Mercedes Carvajal v. United St
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The main question that we must decide is whether the principles
announced in United States v. $227,000 U.S. Currency,
69 F.3d 1491 (9th Cir. 1995), survive the enactment of the
Civil Asset Forfeiture Reform Act of 2000 (“CAFRA”) (codi-
fied at 18 U.S.C. §§ 983, 985 and 28 U.S.C. § 2465). We hold
that they do. Accordingly, we reverse the distri... More... $0 (4/12/2008 - CA )
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Terrance Jewett v. Officer Dal
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Terrance Jewett filed this action
under 42 U.S.C. § 1983 against Officer Dale Anders, a
Milwaukee police officer. He alleges that Officer Anders
unlawfully arrested him and used excessive force in
effectuating the arrest in violation of the Fourth Amendment,
as made applicable to the states by the Fourteenth
Amendment. He also alleges that Of... More... $0 (4/11/2008 - WI )
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Bobby Hardrick v. City of Boli
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Bobby Hardrick (“Hardrick”)
filed a one-count complaint against Officers Limacher,
Salerno, Riend, and Liazuk pursuant to 42 U.S.C. § 1983
alleging unlawful arrest and unreasonable force in arrest
in violation of his rights under the Fourth and Fourteenth
Amendments and against the city of Bolingbrook,
Illinois pursuant to a state indemnifica... More... $0 (4/10/2008 - IL )
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Joseph D. Amrine v. George R.<
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After obtaining habeas relief from the Missouri Supreme Court, Joseph D.
Amrine brought this action under 42 U.S.C. § 1983 against prison investigator George
Brooks,2 deputy sheriff John Hemeyer, prosecutor Thomas J. Brown, III, and
prosecution investigator Richard Lee for their roles in the investigation which led to
his conviction for murder ... More... $0 (4/9/2008 - MO )
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Bessie Jones v. City of Cincin
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Defendants appeal the district court’s partial denial of their
motion to dismiss Fourth and Fourteenth Amendment claims based on 42 U.S.C. § 1983 brought
against them by representatives and relatives of Nathaniel Jones, a 350-pound 41-year old African
American who died after Cincinnati police officers subdued and placed him under arrest. Because... More... $0 (4/7/2008 - OH )
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In The Matter of Z.A.K.
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On 31 July 2006, the trial court adjudicated juvenile Z.A.K. (defendant) delinquent for involuntary manslaughter and possession with intent to sell and deliver Ecstacy, and on 15 August 2006, the trial court entered an order of Level II disposition. Defendant now appeals.
On 30 September 2005, defendant was with his friends E.H. and A.B. ... More... $0 (4/5/2008 - NC )
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Alan G. Palazzo, et al. v. Ste
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The plaintiffs, Alan G. Palazzo and William B.
Palazzo, appeal to this Court from a Superior Court judgment dismissing their amended
complaint, in which they sought damages pursuant to G.L. 1956 chapter 33 of title 91 and in
which they also included common law claims for malicious prosecution and abuse of process.
On appeal, plaintiffs contend:... More... $0 (4/3/2008 - RI )
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Luis C. Munoz and Carmela Muno
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This case involves the recovery of funds under a fire insurance policy. The
jury found in favor of Appellees and awarded them in excess of $250,000. We
find that the district court committed reversible error when it admitted evidence
that a grand jury did not indict Appellee Luis Muñoz for arson. Therefore, we
REVERSE and REMAND for a new trial... More... $0 (3/31/2008 - TX )
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E. Ramon Hernandez v. The City
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Ramon Hernandez sued The City of Austin Police Department, Christopher Gray, William Heilman and Joel Follmer on a civil rights theory under 42 U.S.C. 1983 for using excessive force to effectuate his arrest on a minor traffic violation. Hernandez claimed that he was tased three times and that he was repeatedly punched during the September 2005 tra... More... $0 (3/29/2008 - TX )
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Myisha Garcia v. Board of Educ
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Jessica Garcia, on behalf of her daughter Myisha, alleges that the
Albuquerque Public School District failed to formulate an individualized
education program for Myisha in the Fall semester of 2003, in violation of the
Individuals with Disabilities Education Act. By way of remedy, the Garcias seek
certain compensatory educational services. The ... More... $0 (3/28/2008 - NM )
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Melissa Scott v. William B. Co
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Melissa Scott sued Bremerton, Washington police officer William B. Cook and the City of Bremerton on a civil rights violation, 42 U.S.C. 1983, theory claiming that Office Cook used excessive force when he arrested Scott on March 23, 2003 after she called police in response to an ongoing dispute with a neighbor who was alleged to have mixed their ga... More... $79,000 (3/27/2008 - WA )
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Mitch Nocula v. UGS Corporatio
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Mitch Nocula is the sole shareholder
of two corporations: Tooling Systems International
Corp. (“TSI”), an Illinois company that takes orders
for the manufacture of tools and dies, and P.Z. Alucon Sp.
z o.o. (“Alucon”), a Polish corporation that is one of TSI’s
primary subcontractors for the manufacture of the tools
and dies. Nocula and TSI cl... More... $0 (3/27/2008 - IL )
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Kenneth Seymour v. City of Des
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Kenneth and Rachel Seymour appeal from the district court’s1 order granting
summary judgment to the City of Des Moines, Iowa (“the City”), and Des Moines
police officers Detective Brian Danner and Sergeant Barry Arnold (collectively “the
defendants”). We affirm.
I.
A. The Events of March 20, 2002
On March 20, 2002, the Seymours... More... $0 (3/27/2008 - IA )
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Reed Williams, et al. v. Richa
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While delivering a licensing notice to a kennel business, Denver business
license inspector Richard Berney physically assaulted Reed Williams and Marcy
Albin, co-owners of the business. Williams and Albin sued Berney and his
employer, the City and County of Denver, alleging the assaults violated their
procedural and substantive due process righ... More... $0 (3/21/2008 - CO )
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James Chelios v. Lindsey Heave
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James Chelios filed this action
under 42 U.S.C. § 1983 against Lindsey Heavener, a City
of Joliet police officer, David Gerdes, the police chief,
and the City of Joliet (collectively, the “defendants”). He
alleges that the defendants violated his Fourth and Fourteenth
Amendment rights by unlawfully arresting him
and using excessive force to e... More... $0 (3/21/2008 - IL )
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Rose, et al. v. Saginaw County
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Four plaintiffs sued Saginaw County on a civil rights violation theory, 42 U.S.C. 1983, claiming that their rights were violated by the Saginaw County deputies who stripped them naked and placed them in holding cells for long periods of time for not being cooperative when arrested. Saginaw County deputies had a policy of stripping prisoners they de... More... $145,000 (3/19/2008 - MI )
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In re the matter of the reinst
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¶1 Applicant, W.E. Pat Pate II was admitted to the Oklahoma Bar Association in 1991. On April 30, 1999, Mr. Pate submitted his resignation pending disciplinary proceedings to this Court and his name was stricken from the Roll of Attorneys by order of this Court on May 11, 1999, in State of Oklahoma ex rel Oklahoma Bar Ass'n. v. Pate, 1999 OK 42, 98... More... $0 (3/18/2008 - OK )
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Matrice Berry v. City of Ponti
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Martice Berry, an African-American male, appeals the
district court’s decision to grant summary judgment in favor of the City of Pontiac on Berry’s claims
that the City disciplined and terminated him from his position as a police officer based on his race.
For the following reasons, we affirm.
I.
Martice Berry began working as a poli... More... $0 (3/17/2008 - MI )
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Larry Chidester v. Utah County
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On May 25, 2005, the Utah County Metro SWAT Team, executed a search
warrant on a house in Springville, Utah (“target residence”).1 The plaintiffs in
this case–Lawrence and Emily Chidester and their adult son Larry Chidester–lived
next door to the target residence. During the raid, defendant Jason Parker, a
“[r]eserve deputy” with the Utah Count... More... $0 (3/12/2008 - UT )
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Ken E. Mackey v. Great Lakes I
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Great Lakes Investments, Inc./Great Lakes Interests, Inc. and Ken Mackey assert competing claims to royalty payments under an oil and gas lease. After the trial court determined Great Lakes Investments, Inc./Great Lakes Interests, Inc. owned the disputed royalty payments, Mackey filed this appeal claiming that the trial court erred by granting summ... More... $0 (3/12/2008 - TX )
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Luis Maurico Ochoa v. Bass
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¶1 Petitioners, Luis Maurico Ochoa and Gregorio Robles, through counsel, have made application to this Court for writs of habeas corpus and prohibition in connection with commitment orders issued by Respondent, the Honorable Jerry D. Bass, District Judge, in Oklahoma County District Court, Case Nos. CF-2007-1173 and CF-2007-2987. Both the named R... More... $0 (3/12/2008 - OK )
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Cheryl D. Jacobson v. Kevin Le
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[¶1.] This opinion encompasses two separate appeals dealing with the same parties but involving independent issues and facts. Each will be addressed separately. In #24991, Cheryl Jacobson appeals the circuit court’s decision denying her request for attorney fees, and in #24492 & #24498, Kevin Leisinger appeals the circuit court’s dismissal of his d... More... $0 (3/12/2008 - SD )
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Phillip Lewis v. City of Alban
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Phillip Lewis sued the Albany Police Department and Officer William Bonnani on a civil rights violation theory, 42 U.S.C. 1983, claiming that Bonnani used excessive force when he arrested him in 2002. ... More... $200,000 (3/7/2008 - NY )
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J. Stephen Spencer, et al. v.<
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Appellants J. Stephen Spencer and Kippling L. Spencer appeal from the trial court's orders, entered after a jury trial, granting appellees Noel Douglas Vaughn and Catherine Gay Vaughn, Kippling Spencer's parents, access to their grandchildren M.N.Y. and S.N.S. They argue that the grandparent visitation statute then in effect is unconstitutional on ... More... $0 (3/6/2008 - TX )
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Andrew Jones v. DHR Cambridge<
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The plaintiff, Andrew Jones, filed a complaint against the
defendant, DHR Cambridge Homes, Inc. (Cambridge), seeking damages
for personal injuries he sustained while working on a
construction site. Cambridge filed a third-party complaint
against the plaintiff's employer, Residential Carpentry, Inc.
(RCI), seeking contribution pursuant to the J... More... $0 (3/4/2008 - IL )
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Michael Petraski, et al. v. De
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On May 28, 2001, at approximately 2:26 a.m., Thedos and
Petraski were involved in a motor vehicle accident at the
intersection of Central Avenue and Midlothian Turnpike.
Thedos was on duty as a Cook County sheriff’s police
officer. She and another officer, Yolanda Collins, were sitting
in their vehicles in a White Hen parking lot on 143rd... More... $0 (3/3/2008 - IL )
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Michelle Tafoya v. Huerfano Co
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From 1995 to 2003, John Salazar served as the elected sheriff of Huerfano
County, Colorado, responsible for the management and supervision of the
Huerfano County Jail. In 1998, two independent incidents of sexual assault
occurred in the jail, both perpetrated by male detention officers against female
inmates. In Gonzales v. Martinez, 403 F.3d 1... More... $0 (2/29/2008 - CO )
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Cynthia Lambert v. Greg Hartma
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Cynthia Lambert appeals the district court’s
dismissal of her complaint against Greg Hartmann in his official capacity as the Hamilton County
Clerk of Courts (the “Clerk”) and against the Hamilton County Board of County Commissioners (the
“County”) (collectively the “Defendants”). In September of 2003, Lambert received a traffic
citation for sp... More... $0 (2/26/2008 - OH )
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Clifford Drake v. City of Detr
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Plaintiff-Appellant Clifford Drake (“Drake”) sued
Defendants-Appellees the City of Detroit and police officers David Babcock, John Carraway,
Christopher Cole, Reuben Fluker, James Jones, William Rice, J. Robbins, Matthew Ryan, Scott
Spencer, and William Whitten (collectively “the Defendants”), alleging claims under 42 U.S.C. §
1983 and Michigan... More... $0 (2/26/2008 - MI )
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Dennis Rolon v. Robert Hennema
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This appeal principally concerns whether acting Police Chief Robert Henneman
(“Henneman”), as a witness testifying at police disciplinary hearings, is absolutely immune from
civil liability for offering allegedly perjurious testimony at those hearings. Plaintiff-appellant
Dennis Rolon (“Rolon”), a police officer in the town of Wallkill, New York... More... $0 (2/25/2008 - NY )
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Randy D. Canister v. Emergency
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Randy D. Canister appeals from a defense judgment entered after a jury found the
defendant ambulance company not negligent in the accident resulting in appellant’s
injury. This action raises the issue whether emergency medical technicians (EMT’s) are
health care providers protected by the Medical Injury Compensation Reform Act
(MICRA; Civ. Code... More... $0 (2/23/2008 - CA )
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Luis Francisco Alba v. Susan M
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The Defendants are: Susan Montford, McRae Health Services Administrator; 1 Dr. Joan Roy,
Clinical Director at McRae; Michael V. Pugh, McRae Warden; John Nmi Gluch, Division Managing
Director for CCA; Dr. Fnu Littman, member of McRae Health Services Committee; and Clara
Yawn, member of McRae Health Services Committee.
This appeal presents t... More... $0 (2/22/2008 - GA )
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Christopher DeMayo v. Robert N
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Plaintiff-appellant Christopher DeMayo appeals from a district court's order denying his motion for partial judgment on the pleadings and granting a dismissal on the basis of qualified immunity in favor of Massachusetts State Police (State Police) Troopers Robert Nugent and Jeffrey Lugas, Defendant-appellees. DeMayo's complaint alleged that Nugent ... More... $0 (2/22/2008 - MA )
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Richard Kjellsen v. Terry Mill
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This is an interlocutory appeal from the district court’s denial of qualified
immunity to Defendants-Appellants, crime lab officials and employees, in
connection with the testing of Plaintiff-Appellee Richard Kjellsen’s (“Kjellsen”)
blood samples to determine his blood alcohol level. After review and oral
argument, we conclude that the facts al... More... $0 (2/21/2008 - GA )
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Jack E. Bradford and Colleen B
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Jack E. and Colleen Bradford, faced with the charge of rioting, pleaded nolo
contendere in abeyance to the lesser charge of disorderly conduct under Utah Code Ann.
1953 § 76-9-102. They then brought suit under 42 U.S.C. § 1983, alleging that Deputies
Kent Wiggins and Scott R. Womack unlawfully seized them and caused their unlawful
arrest, false... More... $0 (2/20/2008 - UT )
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David Wilson v. City of Hazelw
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David Wilson sued City of Hazelwood, Missouri and Todd Greeves for arresting him when he refused to move the fire truck that he had parked so that it protected rescuers freeing a victim from wreckage on Interstate 70. Greeves ordered the truck moved to accommodate passing traffic. He arrested Wilson for ignoring him. Wilson was never charged.... More... $17,500 (2/15/2008 - MO )
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Animal Legal Defense Fund, et<
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This is an appeal from judgment entered after the trial court sustained a demurrer,
without leave to amend, to appellants’ complaint for declaratory and injunctive relief
brought against respondent calf ranchers. Appellants assert causes of action for violation
of Penal Code section 597t in confining animals without an “adequate exercise area,” ... More... $0 (2/15/2008 - CA )
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Keith and Kim Eidson v. Floyd<
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In this 42 U.S.C. § 1983 action, Floyd Wesley Owens, a reserve-force
deputy sheriff and lawyer, appeals the district court’s denial of qualified
immunity in connection with the search of Keith and Kim Eidsons’ real property.
We conclude that while Owens obtained the Eidsons’ consent to search their
property in violation of the Fourth Amendment,... More... $0 (2/13/2008 - FL )
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Estate of C. Delores Tucker, e
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In the early 1990s, Cynthia DeLores Tucker, whose history
as an activist dates back to the civil rights movement of the
1950s and 1960s, became concerned with the increasing popularity
of the style of hip-hop music known as “gangsta rap,”
particularly its appeal to African-American youth. She
enlisted the support of notable entertainers includ... More... $0 (2/8/2008 - CA )
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The Mega Life and Health Insur
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The primary issue in this case is whether MEGA Life and Health Insurance
Company (“MEGA”) can rescind a life insurance policy issued by it on the ground
that the insured overstated her income in the application for the policy. We conclude
that there are genuine issues of material fact as to whether MEGA had a good faith
underwriting policy whic... More... $0 (2/8/2008 - AL )
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Beverly Gish, Administratrix f
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This appeal about an unusual suicide by a prisoner presents a fact-intensive
issue: whether an officer responsible for transporting a pretrial detainee in a police
car and aware that the detainee is a strong suicide risk is deliberately indifferent to
that risk when the officer leaves a loaded firearm in the front seat of the car while
the deta... More... $0 (2/5/2008 - GA )
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Theodore W. White, Jr. v. Dete
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Theodore White, Jr. brought this civil action following his prosecution,
conviction, re-prosecution, and eventual acquittal for the alleged molestation of his
adopted daughter. White sued his ex-wife, Tina McKinley, and the police officer who
investigated the molestation charges, Richard McKinley, who is also Tina's current
husband. White alleg... More... $0 (2/5/2008 - MO )
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Ronald Dible v. City of Chandl
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Ronald and Megan Dible appeal from the district court’s
grant of summary judgment against them in their action
against the City of Chandler, Arizona, the Chandler Police
Department, and the Chandler Police Chief Bobby Joe Harris
(collectively the City). Principally, the Dibles assert that Ronald
Dible was a police officer whose rights under th... More... $0 (2/5/2008 - AZ )
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Phoenix New Times, LLC and Joh
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¶1 Phoenix New Times, L.L.C., and John Dougherty (collectively "the New Times") appeal the superior court's decision denying the New Times an award of its attorneys' fees incurred in
compelling Maricopa County Sheriff Joseph M. Arpaio and Maricopa County to produce documents pursuant to Arizona's public records law, Arizona Revised Statutes ("A.R.... More... $0 (2/5/2008 - AZ )
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Wayne Adams v. City of Des Pla
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Wayne Adams, who served as a Des Plaines police officer for 13 years (1967-80) and on the City Council for eight (1981-89), sued the City of Des Plaines and others claiming that six officers mistreated him during and after a traffic stop in May 2005. The officers named in the lawsuit were Oscar Szczerbinski, Carol Dougherty, Jeffrey Rotkvich, Micha... More... $0 (2/2/2008 - IL )
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David Parker, et al. v. Willia
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Two sets of parents, whose religious beliefs are offended by gay marriage and homosexuality, sued the Lexington, Massachusetts school district in which their young children are enrolled. They assert that they must be given prior notice by the school and the opportunity to exempt their young children from exposure to books they find religiously repu... More... $0 (2/1/2008 - MA )
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