In Schlesinger v. Councilman, 420 U.S. 738 (1975), the Supreme Court held that principles of comity, respect for the expertise of military judges, and judicial economy weigh against federal court intervention in pending court-martial proceedings and in favor of requiring exhaustion of all available remedies within the military justice system before a federal court’s collateral review ("Councilm... More...   $0 (01-17-2012 - VA)

Steven F. Hotze, M.D., appeals from the denial of his summary judgment motions in this defamation case brought against him by Keith E. Miller, M.D. In three issues, Hotze asserts there is no evidence of actual malice or that any objectively verifiable statement published by Hotze about Miller was false, there is no fact question on malice, and the civil conspiracy claim fails as a matter of law. B... More...   $0 (01-12-2012 - TX)

2 Plaintiff, an Oregon resident, was riding her Harley-Davidson motorcycle 3 in Idaho when she noticed that the front wheel appeared unstable. She took the 4 motorcycle to defendant Grand Teton Cycles, LLC, a Harley-Davidson dealership in 5 Idaho Falls, where an employee performed service and repairs. The next day, while 6 riding in Wyoming, she was injured when the front wheel allegedly malfuncti... More...   $0 (01-05-2012 - OR)

Gary Pitts and Pitts & Collard, LLP sued Arthur L. Schechter, Arthur L. Schechter, P.C. d/b/a Schechter & Associates, Schechter & Marshall, L.L.P., and Schechter, McElwee & Shaffer, L.L.P. for breach of contract. The contract claim was based upon an allegation that the Schechter parties failed to pay referral fees from nearly a thousand lawsuits that Pitts referred by way of nine letter agreement... More...   $0 (12-29-2011 - TX)

Do we have to decide a qualified immunity appeal involving close questions of law that the district court hasn’t yet addressed? Do the police violate a suspect’s clearly established rights by requesting his hospital records? And do authorities have probable cause to arrest a trained marksman who makes suspicious statements in the wake of a shooting, who leads officers on a high speed chase, an... More...   $0 (12-20-2011 - NM)

The Tennessee Department of Mental Health operates five regional mental health institutes in Tennessee. The Middle Tennessee Mental Health Institute (“MTMHIâ€�) is a facility in Nashville with the capacity to serve 245 patients. All of MTMHI’s patients are involuntarily admitted, which means they have been found to “pose[ ] an immediate substantial likelihood of serious harm . . . because of... More...   $0 (11-18-2011 - TX)

Thomas D. Selgas and Michelle L. Selgas appeal from summary judgments granted in favor of the Henderson County Appraisal District (HCAD) in their suits contesting the valuation of their real property.1 In two issues, the Selgases contend they raised a fact question regarding the market value of their property, the trial court abused its discretion by striking their expert‟s testimony, and HCAD f... More...   $0 (11-17-2011 - TX)

Plaintiff Stella Wheeler appeals the district court’s grant of summary judgment for defendant, Officer Dennis Wirth, on her 42 U.S.C. § 1983 claim that he violated her constitutional rights in obtaining a search warrant for, and executing a no-knock search of, her apartment. Wheeler alleges that Wirth infringed on her Fourth Amendment rights by relying on a warrant that was not supported by pro... More...   $0 (11-08-2011 - MI)

Plaintiff Stella Wheeler appeals the district court’s grant of summary judgment for defendant, Officer Dennis Wirth, on her 42 U.S.C. § 1983 claim that he violated her constitutional rights in obtaining a search warrant for, and executing a no-knock search of, her apartment. Wheeler alleges that Wirth infringed on her Fourth Amendment rights by relying on a warrant that was not supported by pro... More...   $0 (11-08-2011 - OH)

The petitioner, David Montenegro, appeals an order of the Superior Court (Brown, J.) denying his petition under the Right-to-Know Law, RSA ch. 91-A (2001 & Supp. 2010), requesting disclosure of information pertaining to certain surveillance equipment and procedures under the control of the respondent, the City of Dover (City). We affirm in part, reverse in part and remand.

The following fac... More...   $0 (11-02-2011 - NH)

In this 42 U.S.C. § 1983 action, Defendants- Appellants Dan and Don Gilliam (collectively, “Gilliams�) appeal the district court’s denial of their motion for summary judgment on the basis of qualified immunity.

Plaintiff-Appellee Rodney Cochran alleges the Gilliams, both deputy sheriffs in Lincoln County, Kentucky, violated his constitutional rights by assisting Cochran’s landlords... More...   $0 (09-02-2011 - KY)

Chang Hong seeks to appeal the district court’s denial of his motion for relief under 28 U.S.C. § 2255 as untimely. He asserted claims of ineffective assistance of counsel, alleging his counsel failed to advise him of the immigration consequences of his guilty plea as required by Padilla v. Kentucky, 130 S. Ct. 1473 (2010). Hong argues Padilla is a new rule of constitutional law that applies re... More...   $0 (09-01-2011 - OK)

After considering the appellants’ motion for en banc reconsideration, our judgment in this case remains unchanged; however, to address the points raised in the motion, we withdraw our opinion of June 7, 2011 and issue this substitute opinion in its place. We deny the motion as moot.

In this civil-rights action, plaintiff Shirley Nagel, individually and as representative of... More...   $0 (08-26-2011 - TX)

The Fourth Amendment guarantees the right of the people to be secure against unreasonable searches and seizures. This case is about a seizure and presents questions of whether and how the Constitution’s guarantee applies in the case of a material witness who was jailed for weeks on end, even though the date of the trial in which she was to testify had been pushed back several months. We hold tha... More...   $0 (07-29-2011 - PA)

This appeal stems from a complaint alleging negligence and wrongful death against the City of Boca Raton for the death of Christopher Milanese, which occurred shortly after his release from police custody. The trial court dismissed the complaint with prejudice for failure to state a claim. Because we conclude that the complaint sufficiently alleges a cause of action, we reverse.

The complai... More...   $0 (07-20-2011 - FL)

Plaintiffs Dyer L. Vandevere, John McCombs, Gary Hollier, and John Jent fish commercially for salmon in the waters of Alaska’s Upper Cook Inlet. State-issued entry permits and shore fishery leases allow them to fish there. After Alaska promulgated regulations that shorten the fishing year and limit the number of salmon that commercial fishers may harvest, Plaintiffs brought this action against D... More...   $0 (07-11-2011 - AK)

On August 20, 2004, Patsy Croom was seized by law enforcement and detained for up to two hours while officers1 searched the residence of her son. Croom argues the officers’ actions violated her rights under the Fourth Amendment. The district court granted summary judgment in favor of the defendants, and Croom appeals.

I.

In August of 2004, Croom, a 63-year old retiree and Arkansas ... More...   $0 (07-07-2011 - FL)

For nearly three decades, the City of Chicago had several ordinances in place “effectively banning handgun possession by almost all private citizens.â€� McDonald v. City of Chicago, 130 S. Ct. 3020, 3026 (2010). In 2008 the Supreme Court struck down a similar District of Columbia law on an originalâ€� meaning interpretation of the Second Amendment.1 District of Columbia v. Heller, 554 U.S. 570, ... More...   $0 (07-06-2011 - IL)

This appeal raises the question of whether a commercial lending institution, which is also an equity investor in a borrower‘s venture, violated the Unruh Civil Rights Act (Act) (Civ. Code, § 51) by declining to make a loan to a limited liability company because its managing member included a felon who had conspired to falsify customs documents and sell munitions to Syria.

We conclude tha... More...   $0 (06-29-2011 - CA)

¶1 Mark Kalin appeals an order in which the Fifteenth Judicial District Court, Daniels County, adopted a permanent order of protection that prohibits him from having any contact with Robin Jordan or her husband. We affirm.

¶2 We consider the following issues:

¶3 1. Did the District Court err in failing to grant Kalin’s motion to dismiss the petition for an order of protectio... More...   $0 (06-21-2011 - MT)

This case involves a question of law certified to this court by the United States District Court for the Eastern District of Arkansas in accordance with Arkansas Supreme Court Rule 6-8 (2010) and accepted by this court on December 16, 2010. See Gibbs v. Primelending, 2010 Ark. 503. The question certified is “[w]hether the use of the conspiracy theory of in personam jurisdiction violates Arkansas... More...   $0 (06-16-2011 - AR)

This lawsuit involves a man and a woman -- the 19 plaintiff Sonny B. Southerland Sr. ("Southerland") and non-party 20 Diane Manning -- two groups of children, and a caseworker's 21 apparent confusion between the two groups. Plaintiff Ciara 22 Manning is the daughter of Southerland and Diane Manning. Ciara 23 was supposed to be living with Southerland at the time in 24 question, but in fact had lef... More...   $0 (06-10-2011 - NY)

This case arose from the controversial late-night arrests and subsequent release of two Phoenix newspaper executives. As a result, Michael Lacey, Jim Larkin, and Phoenix New Times, LLC (Plaintiffs) sued various officials connected with the Maricopa County Attorney’s Office and the Sheriff’s Office, including the county attorney, the sheriff, and a special prosecutor. They alleged the special p... More...   $0 (06-09-2011 - AZ)

This is an appeal from an order of the Circuit Court for Waukesha County, Kathryn W. Foster, Judge, on certification by the court of appeals pursuant to Wis. Stat. § 809.61 (2007-08).[1]

¶2 The circuit court granted the motion of Bishop's Grove Condominium Association, Inc., the defendant, to disqualify the attorney representing Susan Foley-Ciccantelli and Dr. Mark J. Ciccantelli, the ... More...   $0 (05-24-2011 - WI)