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Excessive Force Law
 
Annie Rayman v. Abbott Amubulance, Inc. St. Louis City Courthouse - City of St. Louis, Missoui

Annie Rayman (“Rayman”) appeals from the trial court’s grant of summary judgment in
favor of Abbott Ambulance, Inc. (“Abbott”) on her negligence claim. Rayman sued Abbott for
damages that resulted from an automobile collision between Rayman and a third party. The trial
court granted Abbott’s motion for summary judgment, finding that Abbott did not owe Rayman a
duty of care and that... More...
   $0 (02-08-2018 - MO)

State of Missouri v. Jeffrey L. Bruner Jasper County Courthouse - Carthage, Missouri

Defendant Jeffrey L. Bruner appeals his convictions on charges of first-degree murder and armed criminal action, alleging the circuit court erred by refusing to submit a self-defense instruction. This Court recently reaffirmed in State v. Smith, 456 S.W.3d 849, 852 (Mo. banc 2015), that if substantial evidence is presented of the elements of self-defense, then the issue is injected and self-defens... More...   $0 (02-08-2018 - MO)

United States of America v. Nathan William Juhala Federal Courthouse - Rapid City, South Dakota

Rapid City, SD - Black Hawk Man Sentenced for Attempted Enticement of a Minor Using the Internet

A Black Hawk, South Dakota, man convicted of Attempted Enticement of a Minor Using the Internet was sentenced on February 5, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Nathan William Juhala, age 66, was sentenced to 10 years of imprisonment and 5 years of supervised r... More...
   $0 (02-08-2018 - SD)

United States of America v. Randy Metcalf Northern District of Iowa Federal Courthouse - Dubuque, Iowa

A jury convicted Randy Joe Metcalf of committing a hate crime in violation of
the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009, 18
U.S.C. § 249(a)(1) (the Act). The district cou 1 rt2 sentenced Metcalf to the statutory
maximum sentence of 120 months’ imprisonment. Metcalf appeals, arguing that the
Act is unconstitutional because Congress lacked the author... More...
   $0 (02-08-2018 - IA)

United States of America v. Jacqueline DeAvila-Montoya and Selene Yanira Castillo-Meraz Western District of Tennessee Federal Courthouse - Memphis, Tennessee

Memphis, TN - Heroin Traffickers Plead Guilty

Jacqueline DeAvila Montoya, 23 and Selene Yanira Castillo-Meraz, 19, pleaded guilty to federal charges of distribution of heroin and conspiracy to distribute heroin. D. Michael Dunavant, United States Attorney for the Western District of Tennessee, announced the guilty pleas today.

According to the information presented, on October 4... More...
   $0 (02-06-2018 - TN)

Steven Mora v. Webcor Construction, L.P.

California Labor Code section 226, subdivision (a) (Section 226(a)), requires
employers to provide employees wage statements itemizing, among other things, all
wages earned, including the hours worked and applicable rates of pay. Plaintiff and
appellant Steven Mora (appellant) contends defendant and respondent Webcor
Construction, L.P. (respondent) violated Section 226(a) by faili... More...
   $0 (02-06-2018 - CA)

United States of America v. Jeremy Rick Sturgill and Tony Lynn Ketron, Western District of Virginia Federal Courthouse - Abington, Virginia

Abington, VA - Seven Defendants Plead Guilty to Drug Trafficking and Firearms Offenses

Seven individuals who conspired to distribute crystal methamphetamine in Southwest Virginia from sources in Tennessee and Kentucky have pleaded guilty to federal drug trafficking and firearms charges in the United States District Court in Abingdon, United States Attorney Rick A. Mountcastle and Virginia... More...
   $0 (02-04-2018 - VA)

United States of America v. Timothy Traut Southern District of Texas Federal Courthouse - Corpus Christi, Texas

Corpus Christi, TX - Corpus Christi Man Convicted of Possession of Child Pornography

A 40-year-old Corpus Christi man has admitted he possessed child pornograph.

In March 2017, Queensland Police Services in Australia identified a computer discussing child pornography on an Internet website. That computer was later linked to Timothy Traut who was using a profile name of “Horndog.”... More...
   $0 (02-03-2018 - TX)

United States of America v. Michael L. Chaparro Northern District of Illinois Federal Courthouse - Rockford, Illinois

Rockford, IL - McHenry Man Convicted of Child Pornography Charges

A McHenry man was found guilty of child pornography charges following a four-day jury trial in federal court in Rockford.

MICHAEL L. CHAPARRO, 29, was charged with one count of transporting child pornography via the internet, and two counts of accessing child pornography that had crossed state lines, including an ... More...
   $0 (02-03-2018 - IL)

Juan Gonzales v. Wayne Bill Lew

Code of Civil Procedure section 9981 is a cost-shifting
statute designed to encourage parties to settle their lawsuits
prior to trial by punishing a party that refuses a reasonable
settlement offer. In order to trigger section 998, a settlement offer
must be clear, in that it must allow the party receiving the offer
to evaluate whether the party making the offer is likely to ob... More...
   $0 (02-03-2018 - CA)

Rashad B. Swanigan v. City of Chicago Northern District of Illinois Courthouse - Chicago, Illinois

While on the lookout for a serial
bank robber, Chicago police officers misidentified Rashad
Swanigan as the perpetrator, arrested him, and detained him
for approximately 51 hours without a probable-cause hearing.
He was released when the state prosecutor decided not
to press charges, and police later found the true culprit.
2 No. 16-1568
Swanigan sued the officers invol... More...
   $0 (02-02-2018 - IL)

United States of America v. Mark Antonio Pazmino and Mark Richard Hardin Western District of Texas Federal Courthouse - San Antonio, Texas

San Antonio, TX - Two Servicemembers Sentenced to Federal Prison for Attempting to Have Sex with a Minor

Senior U.S. District Judge Royce Lamberth sentenced Mark Antonio Pazmino, a 30–year-old former U.S. Army member assigned to Joint Base San Antonio—National Security Agency (JBSA-NSA), to 121 months in federal prison followed by 20 years of supervised release for attempting to have sex ... More...
   $0 (02-02-2018 - TX)

Colleen M. Bradley v. West Chester University of The Pennsylvania State Sytem of Higher Education Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

While employed in an administrative position at West
Chester University of Pennsylvania, Colleen Bradley shared
her concerns about one of the school’s budget documents with
her colleagues. Subsequently, she was informed by her
supervisor that her employment contract would not be
renewed. Arguing that her speech was protected by the First
Amendment to the United States Const... More...
   $0 (02-02-2018 - PA)

Anthony Migliaro v. Fidelity National Indemnity Insurance Company, a/k/a Wright National Flood Insurance Company District of New Jersey Federal Courthouses

The issue in this case is whether the rejection of a policyholder’s proof of loss constituted a “written denial of all or part of the claim,” thereby triggering the one-year statute of limitations that is set forth in every Standard Flood Insurance Policy (“SFIP”). After receiving a payment from Fidelity National Indemnity Insurance Company, based on an adjuster’s assessment of the damage to his p... More...   $0 (02-02-2018 - PA)

United States of America v. Joseph Tigano, III Western District of New York Federal Courthouse - Buffalo, New York

2 On July 8, 2008, Joseph Tigano, III and his father, Joseph Tigano, Sr., were
3 arrested on charges related to a marijuana growing enterprise allegedly operated
4 by the two men. When Drug Enforcement Administration (“DEA”) task force
5 members executed a search warrant at the Tiganos’ residence on the morning of
6 the arrest, they discovered over 1,400 marijuana plants. On Octobe... More...
   $0 (02-01-2018 - NY)

United States of America v. Matthew Riehl District of New Hampshire Federal Courthouse - Concord, New Hampshire

Concord, NH - Former Goffstown Youth Coach is Sentenced to 25 Years in Federal Prison for Producing Child Pornography

Matthew Riehl, 25, of Goffstown, New Hampshire, was sentenced to 25 years in federal prison for producing child pornography.

According to court documents and statements in court, Riehl coached youth sports teams in Goffstown. Between July of 2015 and... More...
   $0 (02-01-2018 - NH)

United States of America v. Norman Hardy United States District Court for the District of Vermont

Burlington, VT - Brattleboro Man Convicted of Distribution of Crack Cocaine While on Federal Supervised Release

Norman Hardy, 40, of Brattleboro, appeared before Judge Christina Reiss on January 29, 2018 to plead guilty to distribution of crack cocaine.

According to Court records, Hardy sold crack cocaine to an informant working with the Vermont State Police Drug Task Force on t... More...
   $0 (02-01-2018 - VT)

Lori Franchina v. City of Providence District of Rhode Island Federal Courthouse - Providence, Rhode Island

Sticks and stones may break
some bones, but harassment can hurt forever. "Cunt," "bitch,"
"lesbo": all are but a smattering of the vile verbal assaults the
plaintiff in this gender discrimination case, Lori Franchina, a
former lieutenant firefighter, was regularly subjected to by
members of the Providence Fire Department ("the Department"). She
was also spit on, shoved, and... More...
   $0 (02-01-2018 - RI)

United States of America v. James Martin Graham Southern District of Georgia Federal Courthouse - Brunswick, Georgia

Brunswick, GA - Man Sentenced To 188 Months for Possession of Child Pornography

James Martin Graham, 62, was sentenced on January 22, 2018, to 188 months in prison by United States District Court Judge Lisa Godbey Wood following his plea of guilty to possession of child pornography. The prison term will be followed by a 15-year term of supervised release. Graham will also be required to r... More...
   $0 (01-31-2018 - GA)

United States of America v. Michael Anthony Minko Southern District of Florida Courthouse - Miami, Florida

Miami, FL - Man Sentenced After Intimidating Spirit Airlines Flight Attendants

Michael Anthony Minko, 36, of White Springs, Florida, was sentenced to two concurrent sentences of two months imprisonment, after pleading guilty to two counts of intimidating a flight attendant of an aircraft in flight in the United States.

Benjamin G. Greenberg, United States Attorney for the Souther... More...
   $0 (01-31-2018 - FL)

Philip Marsteller and Robert Swisher v. Lynn Tilton, Patriarch Partners, LLC, MD Helicopters, Inc., Norbert Vergez Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Relators Philip Marsteller and Robert Swisher brought this action against
their former employer, MD Helicopters (“MD”), and codefendants Patriarch
Partners (“Patriarch”), Lynn Tilton, and Colonel Norbert Vergez, under the qui tam
provision of the False Claims Act (“FCA” or “Act”), 31 U.S.C. §§ 3729–30.1 The
allegations of the complaint concern a series of contracts between the Unit... More...
   $0 (01-31-2018 - AL)

Tammy Gutierrez v. CarMax Auto Superstores California Kern County Courthouse - Bakersfield, California

Tammy Gutierrez sued defendant CarMax Auto Superstores California,
LLC (CarMax) alleging breaches of express and implied warranties, intentional and
negligent misrepresentation, breach of contract, unfair competition under Business and
Professions Code section 17200 (UCL), and a violation of the Consumer Legal Remedies
Act (CLRA; Civ. Code, § 1750 et seq.). CarMax demurred to Gutie... More...
   $0 (01-31-2018 - CA)

Karl Allred v. Eli D. Bebout, et al. Laramie County Courthouse - Cheyenne, Wyoming

[¶1] Two Wyoming citizens sought to challenge legislation that authorized two
construction projects while maintaining a degree of legislative control which the citizens
contend violate the Wyoming Constitution. They also alleged a pattern of letting state
contracts without competitive bidding or required safeguards, contrary to the Wyoming
Constitution and laws. They sought to amen... More...
   $0 (01-30-2018 - WY)

STATE OF NORTH CAROLINA v. ARMOND DEVEGA

On 17 November 2008, a Wake County Grand Jury indicted Defendant for two
counts of first-degree murder, one count of attempted first-degree murder, and nine
counts of robbery with a dangerous weapon. After considering several pre-trial
motions, the Wake County Superior Court called Defendant’s case for trial on 24
February 2014. The State called over ninety witnesses. The fo... More...
   $0 (01-30-2018 - NC)

Estate of Vera Cummings v. Community Health Systems, Inc. District of New Mexico Federal Courthouse - Albuquerque, New Mexico

This is the second appeal in this litigation to come before this court. The first
appeal involved claims by the estate of Vera Cummings (the Estate) against Community
Health Systems, Inc. (CHSI) under state law, against the United States under the Federal
Tort Claims Act (FTCA), and against Mountain View Regional Medical Center
(Mountain View) under state law. We disposed of the ap... More...
   $0 (01-30-2018 - NM)

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