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Immunity Law
 
The City of The Colony, Texas v. Mark and Kim Rygh

The primary question in this interlocutory appeal from the denial of Appellant The City of The Colony, Texas’s jurisdictional plea is whether a nexus
1See Tex. R. App. P. 47.4.
2
exists between the City’s use of a “Vac” truck to clear a blockage in a sewer main and the property damage that Appellees Mark and Kim Rygh sustained when their residence flooded with raw sewage. Because we re... More...
   $0 (12-14-2017 - TX)

Christopher Leron Clegg v. City of Fort Worth

This is an appeal from the trial court’s granting of a plea to the jurisdiction.
Appellant Christopher Leron Clegg appeals the trial court’s dismissal of his suit
1See Tex. R. App. P. 47.4.
2
against Appellee the City of Fort Worth (the City).2 Because the trial court did not
err by granting the City’s plea to the jurisdiction, we affirm.
I. BACKGROUND
At approximately ... More...
   $0 (12-14-2017 - TX)

ROBERT PARSONS v. THE DISTRICT COURT OF PUSHMATAHA COUNTY, THE HONORABLE JANA K. WALLACE, ASSOCIATE DISTRICT JUDGE Pushmataha County Courthouse - Antler, Oklahoma

On November 21, 2011, Robert Parsons was charged in Pushmataha County District Court, Case No. CF-2011-146, with one count of first degree murder. According to the probable cause affidavit filed by the investigating officer, Parsons confessed to murdering his friend, Garland Cogburn, by striking him in the head with a hatchet. Simultaneously with the State's Information, an order was entered by ag... More...   $0 (12-14-2017 - OK)

Pacific Gas and Electric Company v. Hart High-Voltage Apparatus Repair and Testing Co., Inc.

Plaintiff Pacific Gas and Electric Company (PG&E) sued defendant HART HighVoltage
Apparatus Repair and Testing Co., Inc. (HART) for negligently servicing a large
transformer at a hydroelectric power plant and for damages under Public Utilities Code1
section 7952. PG&E alleged it incurred dirct and indirect costs of approximately $8.1
million.
HART filed a motion for summary adj... More...
   $0 (12-14-2017 - CA)

John Barna v. Board of School Directors of the Panther Valley School District Middle District of Pennsylvania Federal Courthouse - Scranton, Pennsylvania

Plaintiff John Barna filed a lawsuit under 42 U.S.C. § 1983 alleging that the Panther Valley School Board (“School Board” or “Board”) and several of its officials violated his First Amendment rights by categorically banning him from
attending Board meetings after he was threatening and disruptive on several occasions. The Board and the individual officials moved for summary judgment. The Distr... More...
   $0 (12-13-2017 - PA)

Justin Hammett v. Paulding County, Georgia, City of Dallas, Georgia, Nathalie D. Whitner and JOseph Mayfield Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

On October 17, 2012, police officers Joey Horsley, Nathalie Whitener, and
Joseph Mayfield, defendants-appellees in this case, executed a search warrant at a
private residence in Hiram, Georgia, intending to seize methamphetamines
suspected to be in the possession of Brenda Van Cleve. During the execution of
the warrant, a confrontation ensued. Each of the officers fired one shot, t... More...
   $0 (12-11-2017 - GA)

Janelle Bridges v. Kyle Wilson and Mike Reed Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

The Appellees, heirs of Shane Bridges (hereinafter the “estate of Shane
Bridges” or the “estate”), brought this action under 42 U.S.C. § 1983. The estate
alleges Appellant Kyle Wilson—a deputy sheriff in Mayes County, Oklahoma—used
excessive force in violation of the Fourth Amendment in shooting and killing Bridges
on January 1, 2014. Following discovery, Wilson filed a motion for ... More...
   $0 (12-10-2017 - OK)

GEORGE EVANS v. UNITED STATES OF AMERICA The Asian Longhorned Beetle

THE BEETLES
We first rehearse the background of the case dividing
our account into four movements.
Norwegian Wood
The Asian Longhorned Beetle (ALB) is an invasive pest
that arrived in the United States from Asia, concealed in wooden
shipping crates and pallets. According to the United States
Department of Agriculture (USDA), the ALB has the grim potential
t... More...
   $0 (12-07-2017 - MA)

Department of Forestry and Fire Protection v. Eunice E. Howell

A wildfire started in Plumas County on September 3, 2007, and burned
approximately 65,000 acres over the course of multiple weeks. This fire, dubbed the
“Moonlight Fire,” was at the center of several actions filed by plaintiffs Department of
Forestry and Fire Protection (Cal Fire), Grange Insurance Association, and multiple
landowners
1 in 2009 and 2010 against defendants Eunic... More...
   $0 (12-07-2017 - CA)

Trey Sims v. Kenneth E. Labowitz and Claiborne Richardson United States Court of Appeals for the Third Circuit

In 2014, David E. Abbott, a detective with the Manassas City Police Department
in Virginia, investigated allegations that 17-year-old Trey Sims used his cellular
telephone to send sexually explicit photographs and video recordings of himself to his
15-year-old girlfriend. During the course of the investigation, Abbott obtained a search
warrant authorizing photographs of Sims’ naked... More...
   $0 (12-05-2017 - VA)

Lindsey Rauner v. Lana G. Nelson, D.O., Marvin D. Isbell, M.D. and Norman Regional Hospital Authority d/b/a Norman Regional Hospital Cleveland County Oklahoma Courthouse - Norman, Oklahoma

Norman, OK - Lindsey Rauner, individually, and as Surviving Daughter and Administrator of the Estate of David Wayne Rauner, deceased, sued Lana G. Nelson, D.O., Marvin D. Isbell, M.D. and Norman Regional Hospital Authority d/b/a Norman Regional Hospital on medical negligence theories.

David Wayne Rauner underwent a Roux-en-Y gastric bypass procedure at Norman Regional on August 20, 2014 a... More...
   $1 (12-04-2017 - OK)

George Evans v. United States of America District of Massachusetts Federal Courthouse - Boston, Massachusetts

In this case, a small bug incited
a lawsuit under the Federal Tort Claims Act (FTCA), 28 U.S.C.
§§ 1346(b), 2671-2680. The district court, acting through a
magistrate judge, ruled that the FTCA's discretionary function
exception barred the maintenance of the action. See Evans v.
United States, No. 14-cv-40042, 2016 WL 5844473, at *8 (D. Mass.
Sept. 30, 2016) (citing 28 U.S.... More...
   $0 (12-04-2017 - MA)

Navajo Nation v. Department of the Interior, et al. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

The Department of the Interior (“Interior” or “the
Secretary”) oversees the control, storage, and delivery to the
Western states of the waters of the Colorado River. In most
years, each state in the Colorado River Basin receives a fixed
amount of water from the river; in “surplus” and “shortage”
years, that amount changes. In the face of unprecedented
drought and ever-incre... More...
   $0 (12-04-2017 - AZ)

DAVID SCHERMERHORN, ET AL. v. STATE OF ISRAEL, ET AL. An image taken from the Free Gaza Movement

On May 29, 2010, Plaintiffs—three United States citizens and one foreign national—set sail aboard
2
the U.S.-flagged ship Challenger I as part of the “Gaza Freedom Flotilla.” Compl. ¶ 31. The Flotilla’s stated aim was to “draw international public attention to the situation in the Gaza Strip and the effect of the [Israeli] blockade.” Id. ¶ 24. According to Plaintiffs, when the Challenge... More...
   $0 (12-04-2017 - DC)

UNITED STATES OF AMERICA v. MOHSIN RAZA UNITED STATES OF AMERICA v. FARUKH IQBAL, UNITED STATES OF AMERICA v. MOHAMMAD ALI HAIDER UNITED STATES OF AMERICA v. HUMAIRA IQBAL United States Court of Appeals for the Fourth Circuit

On April 23, 2015, a federal grand jury in Alexandria, Virginia, returned a seven
count indictment against the defendants — who were former employees of SunTrust’s
Annandale branch.2 The indictment’s first count charged them with conspiracy to commit wire fraud affecting a financial institution, in contravention of 18 U.S.C. § 1349.3
Counts 2 through 7 made substantive allegations ... More...
   $0 (12-03-2017 - )

Joan Kedra v. Richard Schroeter Third Circuit Court of Appeals - Philadelphia, Pennsylvania

This case arises from the grievous death of State
Trooper David Kedra, who was shot and killed by his
instructor, then-Corporal Richard Schroeter, during a routine
firearms training. Although a long-term veteran of the police
force and specifically certified in the safe use of firearms,
** Honorable Michael J. Melloy, Senior Circuit Judge,
United States Court of Appeals for... More...
   $0 (12-03-2017 - PA)

Rose Brown v. Augustin Garcia Lake County Courthouse - Lake Port, California

This action is between two groups of the Elem Indian Colony Pomo Tribe (the
Tribe), the “Brown faction” (plaintiffs) and the “Garcia Council” (defendants).
Plaintiffs sued the Garcia Council over allegedly defamatory statements published in a
notification that warned they would be disenrolled if the Tribe’s General Council found
them guilty of specified crimes. The trial court rule... More...
   $0 (11-30-2017 - CA)

Sheldon G. Adelson v. David A. Harris, Marc R. Stanley and National Jewish Democratic Council Second Circuit Court of Appeals - New York, New York

Familiarity with the facts of this case, as set forth in this
court’s decision in Adelson v. Harris, 774 F.3d 803 (2d Cir. 2014), is
assumed. This case involves defamation claims brought by
Appellant Sheldon Adelson against Appellees National Jewish
Democratic Council, its Chair, Marc Stanley, and its President and
CEO, David Harris. Appellant’s claim of defamation is based on<... More...
   $0 (11-29-2017 - NY)

United States of America v. Joseph David Robertson Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Between October 2013 and October 2014, Joseph David Robertson excavated and constructed a series of ponds on National Forest System Lands and on the privately owned Manhattan Lode mining claim. In the process of creating these ponds, Robertson discharged dredged and fill material into the surrounding wetlands and an adjacent tributary, which flows to Cataract Creek. Cataract Creek is a tributary o... More...   $0 (11-29-2017 - MT)

Paul Batsche v. Thomas E. Price Eighth Circuit Courthouse - St. Louis, Missouri

Appellants are trustees of the Twin City Pipe Trades Welfare Fund, which
operates a self-insured, self-administered group health plan. In December 2014, the
Fund paid a $762,663.90 fee to the U.S. Department of Health and Human Services,
under the transitional reinsurance program in the Patient Protection and Affordable
Care Act (ACA). See 42 U.S.C. § 18061(b)(1)(A) (“health insura... More...
   $0 (11-28-2017 - MN)

Janice Dickinson v. William H. Cosby, Jr., Martin D. Singer

Plaintiff Janice Dickinson went public with her accusations
of rape against William H. Cosby, Jr. Cosby, in turn, through his
attorney, Martin Singer, reacted with (1) a letter demanding
media outlets not repeat Dickinson’s allegedly false accusation,
under threat of litigation (“demand letter”); and (2) a press
release characterizing Dickinson’s rape accusation as a lie (“pres... More...
   $0 (11-27-2017 - CA)

Rogers Vann v. City of Southhaven, Mississippi Northern District of Mississippi Courthouse - Aberdeen, Mississippi

This lawsuit arises from the death of Jeremy W. Vann, who was shot and killed by police in a retail parking lot in Southaven, Mississippi during a small-scale drug sting operation. Because there are genuine issues of material fact that preclude the qualified-immunity determination as to one of the defendants, we AFFIRM in part, VACATE in part, and REMAND to the district court.
I.
The City ... More...
   $0 (11-25-2017 - MS)

Teresa Ann Hensley v. Michael Scott Price Western District of North Carolina Courthouse - Charlotte, North Carolina

Deputies Michael Price and Keith Beasley (collectively, the “Deputies”)—both employed by the Haywood County, North Carolina, Sheriff’s Department—shot and killed David Hensley outside his home on the morning of August 9, 2012. The plaintiffs—Hensley’s widow and two daughters—brought suit against the Deputies in both their individual and official capacities under 42 U.S.C. § 1983 and North Carolina... More...   $0 (11-25-2017 - NC)

Dufort v. City of New York, et al. 


Plaintiff-appellant Ryan Dufort appeals from a memorandum and order of the United States District Court for the Eastern District of New York (Steven M. Gold, M.J.)2 granting summary judgment to the defendants, the City of New York and New York City police officers Joseph Marotta, Jae Shim, Thomas Conforti, and William Schmittgall (collectively, “Defendants”), on Dufort's claims under 42 U.S.C... More...
   $0 (11-24-2017 - NY)

Henry Lyons v. F. Wayne Vaught Eighth Circuit Courthouse - St. Louis, Missouri

Henry Lyons worked as a part-time lecturer at the University of Missouri
Kansas City (“UMKC”) for seven semesters, teaching a self-developed Career and
Life Development course. He was not asked to return for the Spring 2012 semester.
In this 42 U.S.C. § 1983 action, Lyons alleges that defendants’ decision not to renew
his contract was retaliation for his criticism of UMKC’s prefere... More...
   $0 (11-22-2017 - MO)

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