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Immunity Law
 
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)

CAROLYN LAWSON v. SIMMONS SPORTING GOODS, INC.

We first briefly reiterate the facts of this case as discussed in Lawson I. This lawsuit
stems from a premises-liability suit. Lawson is a resident of Ashley County, Arkansas.
Simmons operates a retail sporting-goods store located in Bastrop, Louisiana. This is the
corporation’s only store, and it has never operated a store in Arkansas. It is a Louisiana
corporation with its pr... More...
   $0 (06-18-2018 - AR)

Stuart Wright v. United States of America Western District of Missouri Federal Courthouse - Kansas City, Missouri

In the third iteration of this unfortunate case of mistaken identity, PlaintiffStuart Wright (“Wright”) appeals the district court’s1 grant of summary judgment to the United States and the Deputy U.S. Marshals in their individual and official capacities on Wright’s claims under the Federal Tort Claims Act (the “FTCA”). Wright argues that the district court erred when it found there was no genuine ... More...   $0 (06-18-2018 - MO)

Landry Rountree v. Troy Dyson, City of Beaumont Eastern District of Texas Federal Courthouse - Beaumont, Texas

Landry Rountree appeals the dismissal of his 42 U.S.C § 1983 and related state-law claims against the City of Beaumont and Beaumont Police Sergeant Troy Dyson. We affirm the judgment of dismissal.
I.
Rountree owns a towing business and, for thirty years, participated in Beaumont’s non-consent tow rotation. For an accident that disables a car, the
United States Court of Appeals
Fift... More...
   $0 (06-15-2018 - TX)

Dawn D. Turnbull v. Lucerne Valley Unified School District

Plaintiff and respondent Dawn D. Turnbull sued defendants and appellants the
Lucerne Valley Unified School District (LVUSD), Tom Courtney, Suzette Davis, John
Buchanan, and Keri Gasper. Turnbull brought causes of action for (1) disclosing her
2
private medical information (Civ. Code, § 1798.63); (2) invading her privacy (Pen.
Code, § 637.2); (3) interfering with her constituti... More...
   $0 (06-14-2018 - CA)

Livingston Manners v. Officer Ronald Cannella, Officer Karrie Sabillon and City of Hollywood Florida United States District Court for the Southern District of Florida - Miami, Florida

In 2014, Livingston Manners was arrested by City of Hollywood police officers. An altercation ensued. Manners filed suit in federal court regarding the incident and now appeals the district court’s grant of summary judgment against his claims -- federal civil rights claims for use of excessive force and for malicious prosecution as well as a companion state common-law claim for false arrest. Becau... More...   $0 (06-11-2018 - FL)

Thomas John Pope vs State of Florida

In 2012, the Florida Legislature found it was “in the public interest to encourage a person who is aware of or present during another individual’s drug overdose to seek medical assistance for that individual.” Ch. 2012-36, Laws of Fla. The Legislature therefore enacted the “911 Good Samaritan Act,” which provides that anyone “acting in good faith who seeks medical assistance for an individual expe... More...   $0 (06-10-2018 - FL)

Shelly Aversman and Matthew Aversman v. Christopher M. Nicholson, et al. AAA Court Reporting Company Kansas City's Premier Court Reporting Service

Plaintiffs Shelly and Matthew Aversman, husband and wife, appeal the
2
(KBI) investigator Christopher M. Nicholson.1 Plaintiffs assert Mr. Nicholson
submitted a false affidavit to obtain an arrest warrant charging Ms. Aversman with
unlawful sexual relations with a high school student whom she taught. After the
charges against her were dismissed, Plaintiffs filed suit under 42 U... More...
   $0 (06-10-2018 - KS)

John Doe v. Regents of the University of California, et al. Central District of California Federal Courthouse - Los Angeles, California

In this interlocutory appeal, The Regents of the University
of California (“The Regents”) and Suzanne Perkin (“Perkin”),
the assistant dean of students at the University of California
at Santa Barbara (“UCSB”), appeal the district court’s denial
of their motion to dismiss John Doe’s (“Doe”) second
amended complaint (“SAC”) on Eleventh Amendment
immunity, judicial exhaustion... More...
   $0 (06-09-2018 - CA)

Jamie Mahm v. Jefferson County, State of Missouri Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

Jamie L. Mahn brought a First Amendment patronage-discharge claim under
42 U.S.C. § 1983 against Jefferson County, Missouri; Howard Lee Wagner
(“Howard”), individually and in his official capacity as circuit clerk of Missouri’s
23rd Judicial Circuit; Howard Wesley Wagner (“Wes”), individually and in his
official capacity as county clerk/election authority of Jefferson County; and M... More...
   $0 (06-08-2018 - MO)

Internal Revenue Service v. William Charles Murphy District of Maine Federal Courthouse - Portland, Maine

In this case, we need to determine
whether an employee of the Internal Revenue Service ("IRS")
"willfully violate[d]" an order from the bankruptcy court
discharging the debts of debtor-taxpayer William C. Murphy, as
that term is used in 26 U.S.C. § 7433(e). After careful
consideration, we hold that an employee of the IRS "willfully
violates" a discharge order when the emplo... More...
   $0 (06-07-2018 - ME)

Richard Pike v. J. Brad Hester District of Nevada Federal Courthouse - Las Vegas, Nevada

In 2011, J. Brad Hester, a sheriff’s sergeant, conducted an
after-hours dog search of Richard Pike’s locked office. Pike
successfully petitioned a state court for an order of protection
against Hester. Pike later sued Hester in federal district court,
claiming that the search violated his Fourth Amendment
rights. In district court, Pike moved to preclude from
relitigation c... More...
   $0 (06-06-2018 - NV)

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