James Bergstrom filed suit claiming malicious prosecution and violations of his civil rights. After numerous delays drawing out the discovery period for eighteen months, Bergstrom’s attorney failed to comply with a court ordered deadline to submit answers to written discovery requests. The district court dismissed Bergstrom’s suit with prejudice for failure to prosecute and failures to comply ... More...   $0 (03-06-2014 - MN)

Appellant, Marilyn Weaver, sued appellee, Paul McKeever, for malicious prosecution based on a number of citations McKeever issued to Weaver for her non-code-compliant roof. McKeever moved to dismiss, asserting governmental immunity because he issued the citations in his capacity as a code enforcement

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officer for the City of Missouri City. The trial court granted McKeever’s motion... More...   $0 (02-25-2014 - TX)

In Westlake Community Hosp. v. Superior Court (1976) 17 Cal.3d 465 (Westlake), we held that, before a physician may bring a common law tort action directed against a hospital’s quasi-judicial decision to terminate the physician’s staff privileges, he or she must first exhaust all internal hospital procedures to reverse the decision, and, if this fails, must prevail in court in a mandamus proce... More...   $0 (02-20-2014 - CA)

Stephen J. Breedlove and Donna M. Breedlove sued Commercial Bank of Parsons Kansas, Ray Feess and Phillip Easton on malicious prosecution, loss of consortium, civil conspiracy, abuse of process and intentional infliction of emotional distress theories.

The pre-trial order entered by the Court provided in part:

* * *

B. General Statement of Facts:

a. What: Plaintiff Ste... More...   $0 (01-31-2014 - OK)

This appeal arises out of the trial court's judgment enforcing a settlement of a lawsuit between Kevin O'Neill and Lisa C. O'Neill (the O'Neills) and Greg T. Spies and McDowell, Rice, Smith & Buchanan, P.C., (collectively MRSB). The O'Neills sent an unsolicited email to MRSB offering to dismiss MRSB from the lawsuit in exchange for a mutual release. While they expressly preserved their claims agai... More...   $0 (01-24-2014 - KS)

Plaintiff, Iman Sharif, appeals from a jury verdict in favor of Defendants - several Northampton County Prison officers - on Sharif’s 42 U.S.C. § 1983 excessive force claim. On appeal, Sharif argues that the District Court erred in admitting evidence of Sharif’s prior plea of nolo contendere and resulting conviction for assault in connection with the incident that is at the heart of his § 19... More...   $0 (01-23-2014 - PA)

Plaintiff, Iman Sharif, appeals from a jury verdict in favor of Defendants - several Northampton County Prison officers - on Sharif’s 42 U.S.C. § 1983 excessive force claim.

On appeal, Sharif argues that the District Court erred in admitting evidence of Sharif’s prior plea of nolo contendere and resulting conviction for assault in connection with the incident that is at the heart of hi... More...   $0 (01-21-2014 - PA)

American National Property and Casualty Company (ANPAC) appeals from the district court’s grant of summary judgment in favor of Physicians Liability Insurance Company (PLICO) in a dispute regarding ANPAC’s breach of its duty to defend a co-insured. PLICO cross-appeals the district court’s denial of its motion for prejudgment interest. We AFFIRM.

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In November 2004, Dr. Asha... More...   $0 (01-21-2014 - OK)

The plaintiffs’ daughter was barred from attending a school outside her district. The plaintiffs filed a § 1983 action against Glenn Swan, the district’s conservator, and the district for monetary damages and an injunction. The plaintiffs assert a constitutionally protected right in sending their child to a school outside their district. We agree with the district court’s holding that there... More...   $0 (01-15-2014 - MS)

Plaintiff, Janetta Blakely, by and through her attorney, J.P. Longacre, and for her said Cause of action against the Defendant, Ethan Rieves, alleges and states as follows:

1) Plaintiff’s cause of action is for false arrest and imprisonment, malicious prosecution, libel and slander contrary to
Oklahoma State law and contrary to the Fourth and Fourteenth Amendment of the United Stat... More...   $0 (01-13-2014 - OK)

Bobby Weyne Haley, Jr., age 59, sued the City of Tulsa on civil rights violation (42 U.S.C., 1983) and malicious prosecution theories claiming that his Fourth Amendment rights were violated by former Tulsa police officer Jeff Henderson and others who were able to violate his rights because of deliberate indifference on the part of the Police Department of the City of Tulsa. Specifically, Plaintif... More...   $35000 (01-09-2014 - OK)

Plaintiff Mustafa Younes brought this civil rights action under 42 U.S.C. § 1983 alleging violations of his constitutional rights and raising Michigan state law claims. The alleged violations occurred during his arrest by defendants Officer Timothy Ciochon, Officer Christopher Pellerito, and Sergeant Joanne

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No. 13-1103 Younes v. Pellerito, et al. Page 2

Beedle-Peer (collect... More...   $0 (01-09-2014 - MI)

Jeremy Myers challenges the district court’s dismissal of his § 1983 maliciousprosecution claim alleging violations of his Fourth and Fourteenth Amendment rights. In his complaint, he asserted that Detective Brian Koopman obtained an arrest warrant by fabricating facts to create the illusion of probable cause. As a result, Myers spent three days in custody.

Exercising jurisdiction under ... More...   $0 (01-08-2014 - CO)

Plaintiffs Alexander Graham-Sult and David Graham appeal the district court’s disposition of: (1) a motion to dismiss; (2) a special motion to strike under California’s anti- SLAPP statute; and (3) related attorney’s fees awards.

GRAHAM-SULT V. CLAINOS 5

We affirm the disposition of the motion to strike in part and reverse in part. Striking Plaintiffs’ conversion and unjust e... More...   $0 (12-27-2013 - CA)

Jeremy Myers challenges the district court’s dismissal of his § 1983 maliciousprosecution claim alleging violations of his Fourth and Fourteenth Amendment rights. In his complaint, he asserted that Detective Brian Koopman obtained an arrest warrant by fabricating facts to create the illusion of probable cause. As a result, Myers spent three days in custody.

Exercising jurisdiction under ... More...   $0 (12-20-2013 - CO)

Jay C. Adkins sued Bret D. Davis, Lamun Mock Cunningham and Davis, P.C. on a personal tort theory claiming:

1. Plaintiff is a citizen of Oklahoma, who resides in Oklahoma County, Oklahoma.

2. Defendant, Bret Davis (“Davis�) is a citizen of the State of Oklahoma and is an attorney licensed to practice in the State of Oklahoma.

3. Defendant, Travis Lawler (“Lawlerâ€�) is a... More...   $0 (12-19-2013 - OK)

Grant, Konvalinka & Harrison, P.C. (GKH), a Tennessee-based law firm, seeks relief from the automatic stay of adversary proceedings resulting from the bankruptcy of one of its former clients, Steve A. McKenzie. GKH contends that it is entitled to an equity interest in certain assets that McKenzie pledged to the firm shortly before he was placed into bankruptcy. The bankruptcy trustee, C. Kenneth S... More...   $0 (12-17-2013 - TN)

Defendant Christine Boczar, a deputy sheriff of Powhatan County, Virginia, appeals the judgment of damages plus attorney’s fees entered against her in the Eastern District of Virginia in this 42 U.S.C. § 1983 proceeding. Boczar presents two appellate issues: First, she contends that she is entitled to qualified immunity such that a trial should not have been conducted; and, second, she maintain... More...   $0 (12-12-2013 - VA)

The plaintiff sues under 42 U.S.C. § 1983, charging four Chicago police officers—May, Carroll, Town, and Pickett—with unlawful search (primarily a strip search), unlawful seizure (primarily a false arrest), and conspiracy, all in violation of the Fourth Amendment (made applicable to state action by interpretation of the due process clause of the Fourteenth Amendment), and adding a supplementa... More...   $0 (11-08-2013 - IL)

In September 2008, Oakland City Chief of Police Alec Hensley arrested Christian Serino for trespass and resisting law enforcement. The charges were eventually dropped. In March 2012, Serino filed suit against Hensley and Oakland City in federal district court. He alleged that Hensley violated his constitutional rights and committed multiple state�law torts. The district court dis2

No. 13â... More...   $0 (11-05-2013 - IN)

AIM Business Capital, LLC sued Madison Plate Processing, Inc. and Lance P. McGuire on conversion, declaratory judgment and equitable relief theories claiming:

1. Plaintiff is a Louisiana limited liability company doing business in Louisiana, with its registered office being located in the Parish of Lafayette, State of Louisiana.

2. Defendant, Madison Plate Processing, LLC (someti... More...   $1 (11-04-2013 - OK)

While attending North Liberty Fun Days in 2007, the plaintiff alleges he was wrongfully assaulted and arrested by officers of the North Liberty Police Department and deputies of the Johnson County Sheriff’s Office. He filed suit against the City of North Liberty, Johnson County, and the officers and deputies involved. The district court dismissed his case, finding the defendants were entitled to... More...   $0 (11-04-2013 - IA)

In the wee hours of November 18, 2009, plaintiff Herbert Williams was returning home from work. He smelled smoke, saw that his neighbor’s house was on fire, and went to the porch of the burning home to bang on the door to rouse anyone who might be inside. Chicago police officers Matthew O’Brien and Joseph Byrne also spotted the smoke and found Williams on the porch. They soon arrested him on s... More...   $0 (10-24-2013 - IL)

The plaintiff in this suit under 42 U.S.C. § 1983 appeals from the dismissal (with prejudice) of his complaint. The complaint charges three Indiana police officers, plus the Town (Frankton) that employed two of them, plus the county sheriff, with malicious prosecution in violation of the due process clause of the Fourteenth Amendment. Other torts are alleged as well; we’ll come back to them. Th... More...   $0 (10-21-2013 - IN)

Plaintiffs and appellants GetFugu, Inc. (GetFugu), Carl Freer (Freer) and Richard Jenkins (Jenkins) (collectively, Plaintiffs) appeal an order granting a special motion to strike (Code Civ. Proc., § 425.16) filed by defendants and respondents Patton Boggs LLP (Patton), Richard J. Oparil (Oparil), Cummins and White LLP (Cummins) and Iman Reza (Reza) (collectively, the Attorney Defendants).1 2
<... More...   $0 (10-03-2013 - CA)