Officer Shane Prickett of the Florence City Police Department used a Taser on Lara Roosevelt-Hennix while Roosevelt-Hennix’s hands were cuffed behind her back and she was seated in the back seat of a police car. Roosevelt-Hennix brought suit pursuant to 42 U.S.C. § 1983, alleging Prickett subjected her to excessive force in violation of the Fourth Amendment. See Graham v. Connor, 490 U.S. 386, ... More...   $0 (05-16-2013 - CO)

These claims brought under 42 U.S.C. § 1983 raise the issue whether certain actions taken by South Carolina prison officials after an inmate’s suspected receipt of contraband, including suspension of the inmate’s visitation privileges for two years, violated his constitutional rights. We conclude that the prison warden who imposed the challenged actions is shielded by qualified immunity from ... More...   $0 (05-15-2013 - SC)

D & W Development (D & W) appeals from the grant of summary judgment in favor of the City of Milford (City) and Bryan Read. D & W argues the district court improperly granted summary judgment as to its claims of negligence, unjust enrichment, negligent misrepresentation, and legal fraud. The City and Read respond that the district court correctly granted summary judgment on D & W’s claims, and r... More...   $0 (05-15-2013 - IA)

We consider in this case whether a district attorney acts as a local or a state official when establishing policy and training related to the use of jailhouse informants. We find that, as to the policies at issue here, the district attorney was acting as a final policymaker for the County of Los Angeles.

We thus reverse the district court’s grant of the motion for judgment on the pleading... More...   $0 (05-13-2013 - CA)

1. The Plaintiff, Mr. Wenzel, is a resident of Rogers County, State of Oklahoma.

2. The Plaintiff is the owner of a 2004 Bentley Pontoon boat (the “Boat�).

3. The Plaintiff has resided in the State of Oklahoma and in Tulsa County for more than
30 days and 6o days respectively next preceding the filing of this Petition.

4. The Defendant is subject to the jurisdict... More...   $1 (05-10-2013 - OK)

A lawyer is obligated to preserve the confidentiality of client information. (Bus. & Prof. Code, § 6068, subd. (e)(1); Rules Prof. Conduct, rule 3-100(A); see Evid. Code, §§ 954, 955.) As a narrow exception to this duty, a lawyer may, but is not required to, reveal confidential information relating to the representation of a client to the extent the lawyer reasonable believes the disclosure is ... More...   $0 (05-09-2013 - CA)

Costa Mesa Municipal Code § 2-61 makes it a misdemeanor for members of the public who speak at City Council meetings to engage in “disorderly, insolent, or disruptive behavior.� Benito Acosta (“Acosta�) was removed from the Costa Mesa City Council meeting for an alleged violation of the ordinance. Acosta appeals the district court’s

ACOSTA V. 4 CITY OF COSTA MESA

dismissal... More...   $0 (05-03-2013 - CA)

Appellants seek reversal of the district court’s order denying their motion to dismiss claims asserted against them by Michael Wilson, Sr. under 42 U.S.C. § 1983. Wilson alleges he was unlawfully detained and deprived of his constitutional right to a prompt probable cause determination. Appellants claim they are entitled to qualified immunity. The district court concluded Wilson’s complaint a... More...   $0 (05-03-2013 - NM)

Appellants James and Elizabeth Carlson, Jose and Elizabeth Referente, Roger Campodonico, Sergio A. Lopez, Yan Wang, Hui Yao, Daniel and Andrea Seluk, Robert Hutchins, Robert and Kelly Farfan, Bonnie Corbett, Helen Pagola,

2

and Manny Espinola (Homeowners) appeal from an order granting the City of Houston‘s plea to the jurisdiction. We reverse and remand for proceedings consistent w... More...   $0 (05-02-2013 - TX)

In these consolidated appeals, we consider whether the trial court erred in sustaining two defendants’ pleas to the jurisdiction in a suit brought by two former owners of a condominium unit against the condominium owners’ association, a contractor hired by the association, and the property manager of the condominiums. We affirm the trial court’s dismissal as to one claim, reverse the trial c... More...   $0 (05-02-2013 - TX)

The State appeals an order dismissing this criminal prosecution against Fidel Egido. We affirm the order on appeal without discussion of the substantive issues raised by the State. We address only the order that should be entered in this context because confusion over the order substantially delayed this appeal.

- 2 -

Mr. Egido was charged with battery on a law enforcement officer fo... More...   $0 (04-26-2013 - FL)

Karen Patricia Bendy sued Clark Construction of Texas, Ltd. and Clark Construction of Texas, Inc. (“Clark Constructionâ€�) for negligence, premises liability, and premises defect arising out of injuries she allegedly sustained during a motor vehicle collision that occurred on a highway being repaved by Clark Construction. Peggy Rader and Delus Kuhnert, who were passengers in Bendy’s vehicle at... More...   $0 (04-25-2013 - TX)

When Mahmoud Hegab, an employee of the National Geospatial-Intelligence Agency ("NGA") with a top secret security clearance, informed the agency of his marriage to Bushra Nusairat, the NGA conducted a reinvestigation into his security clearance. Based on new information, the NGA revoked Hegab’s security clearance.

Hegab commenced this action under the Administrative Procedure Act against ... More...   $0 (04-25-2013 - VA)

1. That the Plaintiff is a resident of Oklahoma County, State of Oklahoma.

2. That the Defendant is an incorporated school district located within Oklahoma County, State of Oklahoma.

3. That on or about July 22, 2011 Defendant was placed on notice of the tort claim of the Plaintiff. That ninety (90) days expired after notice to the Defendant without the Defendant accepting liability,... More...   $0 (04-18-2013 - OK)

Appellant, Bonita Odutayo, doing business as Samaritan Park & Ride, L.L.C. (“Samaritan�), challenges the trial court’s order granting the plea to the jurisdiction of appellee, the City of Houston (“the City�), in her suit against the

2

City for declaratory relief, injunctive relief, and violations of the Equal Protection Clause1 and the Due Process Clause2 of the Texas Cons... More...   $0 (04-18-2013 - TX)

No one would deny that Donald Trump, the real estate magnate, television personality, author, and erstwhile presidential candidate, cuts a celebrated, if controversial, public figure. We must decide whether Trump University, LLC, a private, for-profit entity purporting to teach Trump’s “insider success secrets,â€� is itself a public or limited public figure so as to implicate the First Amendme... More...   $0 (04-18-2013 - CA)

This case requires us to decide whether a significantly above-guidelines sentence
may be imposed in view of earlier sentencing leniency that turns out, after the fact, to
have been unjustified. We conclude that above-guidelines sentences must be justified by
reference to specific reasons that place the case outside the run of ordinary cases, and that
the further the sentence depart... More...   $0 (04-15-2013 - NY)

This case requires us to decide whether a significantly above-guidelines sentence
may be imposed in view of earlier sentencing leniency that turns out, after the fact, to
have been unjustified. We conclude that above-guidelines sentences must be justified by
reference to specific reasons that place the case outside the run of ordinary cases, and that
the further the sentence depart... More...   $0 (04-15-2013 - NY)

In April 2006, central Indiana suffered a large hailstorm. Joseph Radcliff formed a company to repair the storm-damaged homes. State Farm Fire & Casualty Company began denying many of its policyholders’ claims even though other insurance companies were paying similar claims. Radcliff and his company offered to help the State Farm policyholders. Amid a flurry of bad publicity about State Farm’s... More...   $14500000 (04-13-2013 - IN)

David R. Mertz appeals the trial court’s order denying his petition to reverse the disciplinary action taken against him by the Greenwood Police Merit Commission (“the Commissionâ€�) following an evidentiary hearing. Mertz presents a single issue for review, namely, whether the Commission was authorized to hear the particular disciplinary matter against Mertz and impose discipline against him.... More...   $0 (04-12-2013 - IN)

Mark Palmquist is a Marine Corps veteran who worked as a civilian employee with the U.S. Department of Veterans Affairs from 2004 to 2010. He was convicted of fraud in connection with his own receipt of veterans benefits.

Adverting to Garrity v. New Jersey, 385 U.S. 493 (1967), Palmquist challenges his conviction on grounds that statements he made during an interview with a Veterans Admini... More...   $0 (04-12-2013 - ME)

While employed as a physician at Quincy Valley Medical Center (QVMC), Gaston Cornu-Labat was the subject of several complaints that raised doubts as to his competency to practice medicine. QVMC conducted two investigations that ended after the charges against Dr. Cornu-Labat were not substantiated. Nevertheless, QVMC requested that Dr. Comu-Labat be psychologically evaluated and ended the doctor's... More...   $0 (04-11-2013 - WA)

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)

Danielle Helms filed a lawsuit in Delaware Circuit Court (hereinafter “trial courtâ€�) against Dr. Max Rudicel, the Open Door Health Clinic (“the Clinicâ€�), Cardinal Health Systems d/b/a Ball Memorial Hospital (“BMHâ€�), Nurse Practitioner Anna Steinbarger, and Emergency Physicians of Delaware County for malpractice related to treatment she received during her pregnancy. The Defendants file... More...   $0 (04-09-2013 - IN)

This excessive force case against officers of the Broadview Heights Police Department (BHPD) and the City of Broadview Heights arises from the fatal arrest of William Parker Martin, an unarmed and mentally unstable 19-year-old. Martin’s estate sued several BHPD officials asserting that the use of excessive force during the arrest violated Martin’s rights under the Constitution and Ohio law. Th... More...   $0 (04-09-2013 - OH)