Jonathan Armstrong appeals his convictions and sentences following a jury trial on multiple offenses related to a home invasion. After the merger of some charges, he was sentenced and convicted of nine offenses. He alleges ineffective assistance of trial counsel and insufficient evidence to sustain his convictions. We agree that counsel’s failure to object to flawed jury instructions on kidnappi... More...   $0 (05-15-2013 - IA)

A jury convicted Gary Stanley of several lewd and lascivious crimes and of kidnapping. Of the several issues Stanley raises on appeal, we affirm on all but one— his claim that the evidence was insufficient to support his kidnapping conviction. We

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reverse that conviction and the sentence imposed. We remand to the circuit court with instructions to enter a conviction on the lesse... More...   $0 (05-08-2013 - FL)

The City of Council Bluffs, police officers Daniel Larsen, Lyle Brown, and David Dawson (collectively the City), and Curtis McGhee appeal from the district court’s order granting summary judgment to Chicago Insurance Company (CIC) and Columbia Casualty Company (Columbia), on CIC’s and Columbia’s declaratory judgment claims concerning coverage under various insurance policies. We affirm as to... More...   $0 (04-30-2013 - IA)

This appeal presents the question whether three officials in a rural county of Georgia are entitled to a summary judgment against a complaint that they violated the civil rights of a father and son who had been involved in an aborted exchange of property between a previously engaged couple. When Dustin Myers and Kelley Bowman ended their engagement to be married, Dustin attempted to retrieve the d... More...   $0 (04-10-2013 - GA)

Appellant Deana Pollard Sacks challenges the trial court‘s summary judgments in favor of appellees Brian Weil Zimmerman and Andrew Todd McKinney, IV. Zimmerman and McKinney have served as counsel for the defendants in underlying litigation in which Sacks is suing numerous parties. The trial court entered a take-nothing judgment as to Sacks‘ invasion of privacy claims against Zimmerman and McKi... More...   $0 (04-04-2013 - TX)

We are once again asked to consider a case in which prison guards were investigated and reassigned after a major jailbreak occurred on their watch. We previously outlined the peculiar facts of this case in detail, Hernandez v. Cook County Sheriff’s Office, 634 F.3d 906, 909-11 (7th Cir. 2011), so a brief recitation is all that is required here.

2 No. 12-1941

Plaintiffs, Ivan He... More...   $0 (04-01-2013 - IL)

The Federal Tort Claims Act (FTCA) waives the Government’s sovereign immunity from tort suits, but excepts from that waiver certain intentional torts, 28 U. S. C. §2680(h). Section §2680(h), in turn, contains a proviso that extends the waiver of immunity to claims for sixintentional torts, including assault and battery, that are based on the“acts or omissionsâ€� of an “investigative or law... More...   $0 (03-27-2013 - DC)

The City of Freeport brings this interlocutory appeal challenging the trial court’s denial of its plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. §51.014(a)(8) (West Supp. 2012). Briarwood sued the City and the Freeport

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Economic Development Corporation (FEDC) to set aside a deed to real property from FEDC to the City and to have the real property conveyed to Briar... More...   $0 (03-19-2013 - TX)

The State of Wisconsin charged Chad Chritton, age 42, with abuse and neglect of his 15-year-old daughter. It claimed that the defendant confined his daughter in the basement of their home and starved her and charged in with five felonies including include first-degree reckless endangerment, child abuse, false imprisonment and causing mental harm to a child. ... More...   $0 (03-16-2013 - WI)

Leonard Salanitro sued Washington County Oregon Deputy Sheriffs Patrick Altiere and James Wheaton and Washington County, Oregon on civil rights violation theories under 42 U.S.C. 1983 claiming that the deputies used excessive force in arresting Plaintiff and that he was falsely imprisoned by the County in 2010. Plaintiff claimed that he was shackled to a hospital bed for 16 hours. Plaintiff also a... More...   $0 (03-02-2013 - OR)

2 Plaintiff, who ran a convenience store, was accused of stealing from that
3 store and was arrested for theft. After the charges were eventually dismissed, he brought
4 this tort action against defendant, an attorney who represented the store, alleging claims
5 for false imprisonment, malicious prosecution, and abuse of process--each claim arising
6 out of defendant's alleged part... More...   $0 (02-21-2013 - OR)

{1} Defendant Billy Maples appeals his convictions for voluntary manslaughter, false imprisonment, tampering with evidence, and conspiracy to commit tampering with evidence. Defendant raises six issues on appeal. Because we conclude that the district court abused its discretion in excluding evidence offered by Defendant regarding Victim’s prior acts while under the influence of methamphetamine, ... More...   $0 (02-18-2013 - NM)

¶1 In this appeal, Salt Lake City employees Shanna Werner and Scott Atkinson (City Employees) contest the district court’s denial of their motion for summary judgment. In that motion, they argued that appellees Michael Howe, Jerry Howe, and Peak Alarm Company (Mr. Howe) failed to file suit within the period fixed by the applicable statute of limitations. The City Employees contend that parties ... More...   $0 (02-15-2013 - UT)

Cindy Abbott and her adult son Travis Abbott (collectively, the Abbotts) brought this action under 42 U.S.C. § 1983 against Sangamon County, Sheriff Neil Williamson, and Deputy Troy Sweeney, each asserting Fourth Amendment claims of false arrest, false imprisonment, and excessive force. The district court granted summary judgment for Deputy Sweeney on all claims, and the County and Sheriff Willia... More...   $0 (01-29-2013 - IL)

James Ellis Arden (Arden) appeals judgment in favor of Martina Silas (Silas) in Silas‘s action against Arden for malicious prosecution of a malpractice action against her. Silas represented Ross Gunnell (Gunnell) in a personal injury action resulting in a jury award that was later overturned on the grounds that worker‘s compensation was the exclusive remedy. Gunnell filed a malpractice action... More...   $0 (01-28-2013 - CA)

Robert Phelps and Richard Beuchat timely appeal the circuit court's order granting Jimmy Dean Johnson a new trial in this false imprisonment action. We reverse and remand with directions for the trial court to reinstate the verdict and enter judgment for the appellants.

Phelps and Beuchat mistakenly identified Johnson to law enforcement as the perpetrator of a strong-arm robbery and kidnapp... More...   $0 (01-24-2013 - FL)

This appeal stems from a police investigation of a 2007 hit-and-run that culminated in the arrests of father and son Robert and Mario Robinson and the seizure of Robert's car. After the resulting criminal charges against the Robinsons were dismissed, they filed state and federal claims against the City of Attleboro, Massachusetts and several Attleboro police officers. The district court granted s... More...   $0 (01-24-2013 - MA)

This consolidated matter encompasses three appeals, multiple parties, and a multitude of appellate issues in connection with a fight that occurred during an attempt to tow a pickup truck from an apartment complex parking lot. We affirm the trial court’s judgment in part, and reverse and render in part.

OVERVIEW

Wrecker driver Brock Keith Dion and his helper, Samuel Lee Thompson, at... More...   $0 (01-18-2013 - TX)

In this interlocutory appeal, appellant Wendell H. Taylor, appearing pro se, appeals two orders1 of the trial court granting the pleas to the jurisdiction of appellees Lubbock Regional MHMR, JI Specialty Services, Inc., Texas Council Risk Management Fund and Texas Department of Insurance-Workers’ Compensation Division and dismissing portions of Taylor’s suit.

Background

On Februa... More...   $0 (01-13-2013 - TX)

In this interlocutory appeal, appellant Wendell H. Taylor, appearing pro se, appeals two orders1 of the trial court granting the pleas to the jurisdiction of appellees Lubbock Regional MHMR, JI Specialty Services, Inc., Texas Council Risk Management Fund and Texas Department of Insurance-Workers’ Compensation Division and dismissing portions of Taylor’s suit.

Background

On Februa... More...   $0 (01-09-2013 - TX)

Gary Craig appeals the grant of summary judgment on his three tort claims—malicious prosecution, false arrest, and defamation—against his former employer, the City of Cedar Rapids. Craig claims there is at least one disputed fact question for each claim, which should have precluded summary judgment. The City contends the district court was correct on all grounds. We affirm.

I. Backgroun... More...   $0 (12-14-2012 - IA)

This appeal requires us to decide whether the District Court erred when it denied a police officer‘s motion to dismiss a civil rights action.

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On the evening of September 28, 2009, fifteen-year-old Nicole James sent a text message to a friend stating that she planned to commit suicide by ingesting ibuprofen pills. The friend called 911 and soon thereafter Officer Michael Marsh... More...   $0 (11-29-2012 - PA)

This is an appeal from a summary judgment in favor of a bank on claims for alleged false imprisonment, malicious prosecution, and defamation arising from the bank’s handling of an incident involving a counterfeit check. We affirm the trial court’s judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs/appellants Tamika Nashae Davis and her mother Elizabeth Ann Davis (collectively... More...   $0 (10-27-2012 - TX)

Plaintiff-Appellant Laurie Tsao is a so-called “advantageâ€� gambler—a professional gambler who uses legal techniques, such as card counting, to win at casino table games, especially blackjack.1 She was arrested at Caesars Palace (a casino owned by the Defendant-Appellee Desert Palace) for trespassing and obstructing the duties of a police officer, and now challenges that arrest as unconstitut... More...   $0 (10-24-2012 - CA)

This appeal stems from an investigation and prosecution related to allegedly illegal business practices in repairing damage to automobiles. In seven issues, appellants and plaintiffs at trial, DSW Masters Holding Corp. (DSW) and Mike LeBlanc (LeBlanc), who is DSW’s president, ask us to reverse the trial court’s judgment granting the motions for summary judgment filed by the appellees listed ab... More...   $0 (10-04-2012 - TX)