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Teresa Barry v. James P. O'Grady Southern District of Ohio Federal Courthouse - Columbus, Ohio

Teresa Barry, a judicial administrative assistant, sued three judges and two employees of the Franklin County Municipal
Court under 42 U.S.C. § 1983, claiming retaliation in violation of the Free Speech Clause of the
First Amendment and gender discrimination in violation of the Equal Protection Clause of the
Fourteenth Amendment. The defendants moved for summary judgment, and the distr... More...
   $0 (07-16-2018 - OH)

JOSEPH S. HAJDUSEK v. UNITED STATES OF AMERICA Marine Corps recruit from NH sues U.S. for injury he says was caused by sergeant who made him exercise 'excessively'

When reviewing a dismissal for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), we "construe the [c]omplaint liberally and treat all well-pleaded facts as true, according the plaintiff the benefit of all reasonable inferences." Murphy v. United States, 45 F.3d 520, 522 (1st Cir. 1995). In addition to the pleadings, Hajdusek submitted certain additional ma... More...   $0 (07-15-2018 - NH)

Franklin Savage v. State of Maryland District of Maryland Federal Courthouse - Baltimore, Maryland

These appeals are part of broader litigation alleging pervasive race discrimination and unlawful retaliation against three African-American police officers who worked for Pocomoke City in Worcester County, Maryland. The issues before us today arise from the interactions of one of those plaintiffs, Franklin Savage, with the State’s Attorney for Worcester County, Beau Oglesby. According to Savage, O... More...   $0 (07-14-2018 - MD)

Nadine Pellegrino and Harry Waldman v. T.S.A., Nuyriah Abdul-Malik, Laura Labbee, and Denice Kissinger United States Court of Appeals for the Third Circuit

In Vanderklok v. United States, 868 F.3d 189 (3d Cir.
2017), we declined to imply a Bivens cause of action against
airport screeners employed by the Transportation Security
Administration (TSA) in part because they “typically are not
law enforcement officers and do not act as such.” Id. at 208.
We now must decide a related question that we anticipated, but
did not resolve, ... More...
   $0 (07-13-2018 - PA)

Enrique Arochi v. The State of Texas

Paulina Petrosky and the victim in this case, Christina Morris, were friends from Allen
High School. Petrosky graduated in 2010, one year after Morris, and the two had remained friends.
Petrosky, an account manager for an insurance company, lived in an apartment complex located
at the Shops at Legacy in Plano, Texas, a mixed-use residential and commercial property with
shops,... More...
   $0 (07-12-2018 - TX)

Silvan Warnick v. Bradford Cooley; Robin Wilkins; Ethan Rampton; Mark Knighton; Jeffrey Hall District of Utah Federal Courthouse - Salt Lake City, Utah

Silvan Warnick brings this 42 U.S.C. § 1983 malicious prosecution case
and a number of state law tort claims against several Salt Lake County
prosecutors and investigators. He claims he was falsely accused of tampering
with evidence that led to the filing of criminal charges against him that were later
dismissed.
The district court granted the defendants’ motion to dismiss, and... More...
   $0 (07-10-2018 - UT)

DAVID R. SMITH v. THE TENNESSEE NATIONAL GUARD

Mr. Smith joined the Guard in 1993 as “a traditional guardsman.” In February 2002, he was selected for a full-time position in the Active Guard Reserve (“AGR”). Seven years later, in 2009, Mr. Smith applied for senior developmental education at the Naval War College in Washington, D.C., and he was accepted. The Guard required Mr. Smith to leave his full-time AGR position when he began attending... More...   $0 (07-09-2018 - TN)

Sheldon Thompson v. City of Monticello, et al. Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

Former City of Monticello, Arkansas, police officer Ray Singleton appeals afterthe district court1 denied his request for qualified immunity at summary judgment inthis 42 U.S.C. § 1983 action alleging he used excessive force against SheldonThompson.
I. Background
The following facts are undisputed. In the early morning hours of December12, 2010, Thompson was walking to his home in Monticel... More...
   $0 (07-08-2018 - AR)

Destiny Hoffman v. Susan Knoebel Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Like many jurisdictions, Indiana has turned to “drug courts” to tackle substance-abuse problems more flexibly than traditional sentencing regimes might al-low. Ind. Code § 33-23-16-5. These non-traditional court pro-grams have been shown to reduce recidivism rates, at least in some jurisdictions. Compare Michael W. Finigan, et al., IMPACT OF A MATURE DRUG COURT OVER 10 YEARS OF
2 No. 17-2750More...
   $0 (07-07-2018 - IN)

Sarah Meyer and Gail Wooldridge v. State of Oregon Marion County Courthouse - Salem, Oregon

Plaintiffs, Sarah Meyer and Martin Wooldridge, appeal from a general judgment dismissing their action against defendants Oregon State Lottery (the Lottery), Jill Goldsmith, Larry Niswender, Tessa Sugahara, John Kroger, and Craig Durbin.1 Plaintiffs assert five assignments of error. We reject plaintiffs’ fourth assignment of error without written discussion and write only to address their remaining... More...   $0 (07-05-2018 - OR)

ROBERT S. DAVIDSON v. THE UNITED STATES

Plaintiff fabricated a replica of the Statue of Liberty on the grounds of the New York-New York Hotel & Casino in Las Vegas in 1996. He applied for and obtained a copyright for the replica in 2013, too late for the statutory presumption of validity. It is also undisputed that the Postal Service used a photograph of that work on a stamp released in December 2010 without permission or attribution ... More...   $0 (07-05-2018 - DC)

Sharon Brown v. Karen Smith, as Director Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

In 1890, the California Supreme Court rejected a
constitutional challenge to a “vaccination act” that required
schools to exclude any child who had not been vaccinated against
small-pox. (Abeel v. Clark (1890) 84 Cal. 226, 227-228, 230
(Abeel).) In dismissing the suggestion that the act was “not
within the scope of a police regulation,” the court observed that,
“[w]hile vac... More...
   $0 (07-05-2018 - CA)

GREGORY BALDWIN vs. CITY OF ESTHERVILLE, IOWA; MATT REINEKE, Individually and in his Official Capacity as an officer of the Estherville Police Department; and MATT HELLICKSON, Individually and in his Official Capacity as an officer of the Estherville Police Department

When we answer a certified question, we rely upon the facts provided with the certified question. See Bd. of Water Works Trs. of Des Moines v. Sac Cty. Bd. of Supervisors, 890 N.W.2d 50, 53 (Iowa 2017); Life Inv’rs Ins. Co. of Am. v. Estate of Corrado, 838 N.W.2d 640, 643 (Iowa 2013). Accordingly, we restate the facts as set forth by the federal district court:
The incidents giving rise to ... More...
   $0 (07-04-2018 - IA)

LINDSEY FRENCH Versus CLAIBORNE PARISH POLICE JURY AND CLAIBORNE PARISH SHERIFF Eleventh Court of Appeals

French was housed at the CPDC while awaiting trial on drug and
firearm charges. On February 18, 2014, French pled guilty to distribution of
cocaine and was sentenced to nine years at hard labor. He remained at the
CPDC as an inmate of the Louisiana Department of Safety and Corrections
following his conviction and sentencing.
According to Assistant Warden John Goodwin, t... More...
   $0 (07-01-2018 - LA)

Tamara M. Loertscher v. Eloise Anderson, et al. Western District of Wisconsin Federal Courthouse - Madison, Wisconsin Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Tamara M. Loertscher brought this
action under 42 U.S.C. § 1983 challenging the constitutionality
of 1997 Wisconsin Act 292 (“Act 292” or “the Act”), a legislative
measure designed to address the effects of prenatal substance
abuse. Act 292 brings unborn children and their mothers
within the jurisdiction of the juvenile courts if the mothers
exhibit a habitual lack of self&... More...
   $0 (06-27-2018 - WI)

Kevin R. Carmody v. Board of Trustees of the University of Illinois, et al. Federal Courthouse - Champaign, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The University of Illinois fired plaintiff Kevin Carmody from his job as an information tech-nology manager after printed copies of a professor’s privi-leged emails suspiciously ended up in Carmody’s home newspaper box. The emails allegedly exposed inconsistencies in the professor’s testimony in a separate lawsuit that Car-mody was pursuing against a different professor. The univer-
2 No. 16-1... More...
   $0 (06-27-2018 - IL)

Robert M. Kowalski v. Shauna Boliker Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Robert Kowalski is dissatisfied with his
treatment by judges and sheriff’s personnel during his divorce
proceedings. He especially accuses an Illinois judge,
Shauna Boliker, of engaging in extrajudicial efforts designed
to prejudice the state court against him and in favor of her best
2 No. 17‐1952
friend, Kowalski’s wife. While Kowalski’s allegations are troubling,More...
   $0 (06-27-2018 - IL)

Muhammad Tanvir, et al. v. FN Tanzin, et al. Southern District of New York - New York, New York

7 Plaintiffs‐Appellants Muhammad Tanvir, Jameel Algibah, and Naveed
8 Shinwari (“Plaintiffs”) appeal from a February 17, 2016 final judgment of the
9 United States District Court for the Southern District of New York (Abrams, J.),
10 dismissing their complaint against senior federal law enforcement officials and
11 25 named and unnamed federal law enforcement officers. As rel... More...
   $0 (06-25-2018 - NY)

In re: KBR, INC., Burn Pit Litigation District of Maryland Federal Courthouse - Greenbelt, Maryland

The Constitution entrusts the President and Congress, not the courts, with the power to resolve political questions. See Japan Whaling Ass’n v. Am. Cetacean Soc’y, 478 U.S. 221, 230 (1986); Taylor v. Kellogg, Brown & Root Servs., Inc., 658 F.3d 402, 408–409 (4th Cir. 2011). The issue before us is whether a suit brought by United States military personnel, civilian contractors, and surviving family... More...   $0 (06-24-2018 - MD)

ALEXINA SIMON —v.— CITY OF NEW YORK, FRANCIS LONGOBARDI, Queens County Assistant District  Attorney, DETECTIVE EVELYN ALEGRE, DETECTIVE DOUGLAS LEE

This case takes us to the intersection of an allegedly wrongful arrest and  detention on a material witness warrant, the Fourth Amendment, and qualified  immunity. Plaintiff Alexina Simon brought this action in the United States District  Court for the Eastern District of New York (Vitaliano, J.) under 42 U.S.C. § 1983,  claiming that a state prosecutor and two police officers falsely arrested and... More...   $0 (06-21-2018 - )

David Wayne Cassady v. Steven Hall, Georgia Department of Administrative Services Middle District of Georgia Federal Courthouse - Albany, Georgia

David Cassady appeals the District Court’s denial of his motion for garnishment against the Georgia Department of Administrative Services (“GDAS”). We hold that garnishment actions are “suits” under the Eleventh Amendment, Georgia has not waived its immunity to the type of garnishment Mr. Cassady seeks, and Congress has not clearly abrogated the states’ immunity to such garnishments. We accordingl... More...   $0 (06-21-2018 - GA)

Jeffrey Cozzl v. City of Birmingham and Cedrick Thomas Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Jeffrey Cozzi was arrested for the robbery of one pharmacy and the attempted robbery of another. He was released after the police found no evidence linking him to the crimes. Cozzi sued Officer Cedrick Thomas, the City of Birmingham, Alabama, and several other law enforcement officers alleging, among other claims, a violation of his Fourth Amendment right to be free from what he contends was an un... More...   $0 (06-21-2018 - AL)

American Indian Health & Services Corporatioon v. Jennifer Kent, as Director

The State Department of Health Care Services and its director (collectively, the
Department) appeal from a judgment in favor of plaintiffs on a petition for a writ of
mandate. Plaintiffs are 23 federally qualified health centers (FQHC’s) and rural health
clinics (RHC’s) that serve medically underserved populations (the Clinics). (42 U.S.C.
§§ 254b(a)(1), 1396d(l)(1), (2), 1395x(aa)... More...
   $0 (06-20-2018 - CA)

Perry Odom and Carolyn Odom v. Penske Truck Leasing, Co., L.P. and Hendrickson USA, Inc. Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

This appeal concerns the scope of Oklahoma’s recently modified workers’
compensation regime. Perry Odom suffered serious injuries when a semi-trailer
collapsed on him at work. His employer—Penske Logistics—did not own the
trailer, but his employer’s sole stockholder—Penske Truck Leasing—did. Odom
and his wife sought to recover from Penske Truck Leasing through a personal
injury... More...
   $0 (06-19-2018 - OK)

Richard Vos v. City of Newport Beach, et al. Central District of California Federal Courthouse - Los Angeles, California

On May 29, 2014, officers of the City of Newport Beach Police Department fatally shot Gerritt Vos (“Vos”). The police responded to a call about a man behaving erratically and brandishing a pair of scissors at a 7-Eleven. The shooting happened while the police were deciding how to handle the situation, and Vos unexpectedly charged the doorway of the store with what appeared to be a weapon raised ab... More...   $0 (06-19-2018 - CA)

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