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)

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)

Sean Levens and Scott Nunley sued Stephen Watson on a civil assault and battery theory and the Salvation Army on negligence and respondeat superior liability theories after they were attacked and beaten by Watson and others at the Salvation Army's Lytton Springs facility. Plaintiffs claimed that the Salvation Army acted negligently when it hired Watson to supervise more than 90 recovering addict-... More...   $0 (10-24-2009 - CA)

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)

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)

Diane Cook (Diane) and Michael Cook (Michael) (collectively, Cooks), filed suit against Chief of Police Edward Locke Jr. (Chief Locke) and the City of Bella Villa (City) (collectively, Appellees) for alleged federal civil rights violations. The Cooks included supplemental state law claims against Chief Locke for malicious prosecution and indecent assault and battery, and against the City on a theo... More...   $0 (10-02-2009 - MO)

Plaintiff William R. Harris, Jr. (“Harris”) filed state law claims and claims under 42 U.S.C. § 1983 alleging that he was subjected to excessive force and inadequate medical care, and discriminated against on account of his race, in violation of his constitutional rights, while being booked at the Circleville City Jail on April 3, 2004. The issue before this Court is whether the district cour... More...   $0 (10-02-2009 - OH)

Shawn Cheever sued New Hampshire prison guards Kevin Valenti and Michael Edmark on civil rights violation and assault and battery theories under 42 U.S.C. 1983 claiming that defendants "maliciously and sadistically" used force against him after he became anxious and depressed inside the New Hampshire state prison where he was incarcerated and asked to see a mental health counselor. Cheever, age 2... More...   $80000 (09-26-2009 - NH)

In 2004, the Morgan Hill City Council adopted a resolution that condemned Bruce Tichinin, a local attorney, for hiring a private investigator to conduct surveillance of the city manager and then denying that he had done so. Thereafter, Tichinin filed an action against the City under 42 United States Code section 1983 (hereafter “1983 action”) alleging that the City unlawfully retaliated agains... More...   $0 (09-22-2009 - CA)

Nancy Sachs and Richard Sachs were allegedly killed by carbon monoxide poisoning after Omaha Gas Appliance Co., doing business as Rybin Plumbing and Heating (Rybin), failed to properly repair and maintain a gas boiler in their home. Victoria M. Beck is the personal representative of the estate of Nancy Sachs and special administrator of the estate of Richard Sachs, and in those capacities, she bro... More...   $0 (09-18-2009 - NE)

Not all of the opinions of the California Supreme Court have stood the test of time.1 So it may be with respect to an issue raised in this case.

During the Porn Star Costume Ball at a Sacramento hotel in 2004, a Sacramento Fire Department Captain allegedly allowed firefighters to attend the event and even to drive a fire truck there and use it to “pick up” women.

The situatio... More...   $0 (08-31-2009 - CA)

Nshan "Nish" Minasian, age 59, sued Club One casino on negligence, false imprisonment, and civil assault and battery theories claiming that the casino's security guards roughed him up after he got into an argument with a car dealer on August 24, 2007. Plaintiff suffered a torn rotator cuff when the guards cuffed his hands behind his back for which he has had three surgeries. Plaintiff claimed tha... More...   $535000 (08-21-2009 - CA)

At first we did not know what to make of this case. There was a $10 million judgment obtained by a nationwide groundwater pumping and control company, against its liability insurer. The compensatory damages -- all of which consisted of the attorney fees and costs incurred to sue the insurer for the $10 million -- were about $1 million.1 What foul deeds had the insurer committed, we wondered, that ... More...   $0 (08-04-2009 - CA)

This case involves an insurance policy that covers injury resulting from “an accident.” After an assault and battery by the insured, the injured party sued the insured, alleging that the insured had acted under the unreasonable belief of having to defend himself, an act that according to the injured party fell within the policy‟s coverage of “an accident.” Does the insurance company have... More...   $0 (08-04-2009 - CA)

In this case we explore the boundaries of the doctrine of informed consent in the context of a healthcare provider’s treatment of a patient. Petitioner, Peggy McQuitty, mother of Dylan McQuitty, who was born on May 8, 1995 with severe cerebral palsy, sued Dr. Donald Spangler in the Circuit Court for Baltimore County. In addition to alleging medical malpractice, Ms. McQuitty alleged that he breac... More...   $0 (07-24-2009 - MD)

Under the Pennsylvania Human Relations Act (PHRA), 43 P.S. §§ 951-963, employers with four or more employees are prohibited from discriminating against their employees on the basis of sex. See 43 P.S. §§ 954 (defining employer), 955 (listing “unlawful discriminatory practices”). At common law, an employer may terminate an at-will employee for any reason unless that reason violates a clear ... More...   $0 (07-20-2009 - PA)

The plaintiffs, David Corbitt and Alexander Raya (collectively, “Appellants”), appeal the entry of summary judgment in favor of the defendant, Home Depot U.S.A., Inc. (“Home Depot”), on their sexual harassment and retaliation claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e–2000e-17, and their state law claims of assault and battery, outrage, and invasion of p... More...   $0 (07-10-2009 - AL)

The plaintiffs, David Corbitt and Alexander Raya (collectively, “Appellants”), appeal the entry of summary judgment in favor of the defendant, Home Depot U.S.A., Inc. (“Home Depot”), on their sexual harassment and retaliation claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e–2000e-17, and their state law claims of assault and battery, outrage, and invasion of p... More...   $0 (07-10-2009 - AL)

[¶1] William Picher appeals from a judgment of the Superior Court (Kennebec County, Marden, J.) granting a summary judgment to the Roman Catholic Bishop of Portland on its affirmative defense of charitable immunity. Picher argues that we should abrogate the doctrine of charitable immunity for acts of negligence associated with the sexual abuse of a minor, and that we should not extend the doctrin... More...   $0 (07-07-2009 - ME)

This case involves the use of deadly force by police officers responding to a 911 call of a suicidal, armed man named John Garczynski (“Garczynski”). The Estate of Garczynski (“the Estate”) sued Sheriff Ric Bradshaw of the Palm Beach County Sheriff’s Office (“PBSO”) in his official capacity and several police officers in their individual capacities for violations of Garczynski’s Fo... More...   $0 (07-07-2009 - FL)

¶1 Robert Howell and Pete Hodap bring separate appeals related to a civil suit alleging multiple constitutional and tort violations arising out of the execution of a search warrant. Patti Howell and Randy Johnson submit cross-appeals. For the following reasons and those set forth in the simultaneously filed memorandum decision,1 we affirm in part and reverse in part.

I.

¶2 On W... More...   $0 (05-12-2009 - AZ)

Fourteen-year-old Erika Manuel climbed a transmission tower owned by Pacific Gas & Electric Company (PG&E). Tragically, she came in contact with a live transformer and was electrocuted, suffering serious injuries. She died eleven days later. Erika’s parents sued PG&E, which ultimately obtained summary judgment based on the immunity provided by Civil Code section 846. We affirm.

BACKGROUND... More...   $0 (05-05-2009 - CA)

In this interlocutory appeal, Appellant Robert G. Ranelle, D.O. challenges the trial court=s order denying his motion to dismiss Appellees Herschel and Pamela Beaverses= health care liability claims for the failure to file an adequate expert report. We affirm.

II. Factual and Procedural History

On May 29, 2008, the Beaverses filed health care liabi... More...   $0 (04-30-2009 - TX)

This appeal raises a discrete issue involving a malicious prosecution claim brought under 42 U.S.C. § 1983 and Pennsylvania state law: Whether a conviction for disorderly conduct and a contemporaneous acquittal for aggravated assault and public intoxication under the relevant Pennsylvania statutes constitute a favorable termination of the state criminal proceeding against the plaintiff whose inte... More...   $0 (04-23-2009 - PA)

¶1 Plaintiff Mikayla Bailey-Null (“Bailey-Null”) complains of services she received from ValueOptions, a state contractor engaged to provide behavioral health services to the public. We are asked to decide whether she was required to exhaust administrative remedies with the Arizona Department of Health Service’s Behavioral Health Division before seeking judicial remedies for civil claims ba... More...   $0 (04-07-2009 - AZ)