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Qualified Immunity Law
 
The People of the State of Colorado v. Curtis A. Brooks

This case presents the question of whether Colorado’s recently enacted
sentencing scheme for juvenile offenders who received unconstitutional mandatory
sentences to life in prison without the possibility of parole (“LWOP”) violates the
Special Legislation Clause of the Colorado Constitution. We conclude that it does not.
¶2 Based on acts that Brooks committed when he was fifte... More...
   $0 (09-18-2018 - CO)

Nicholas Sampson v. Investigator William Lambert District of Nebraska Federal Courthouse - Omaha, Nebraska

St. Paul Fire and Marine Insurance Co. (“St. Paul Insurance”) appeals the
district court’s grant of summary judgment to Matthew Livers and Nicholas Sampson.
Chief Judge Smith and Judge Colloton file this * opinion pursuant to 8th Cir.
Rule 47E.
-4-
The court concluded that St. Paul Insurance had a duty under its coverage policy to
indemnify David Kofoed for intentional acts... More...
   $0 (09-18-2018 - NE)

STATE OF KANSAS v. MARTIN R. PATRICK MoreLaw Performance Marketing If It Does Not Work, It Is Free!

Martin Patrick appeals his conviction of driving under the influence of alcohol to a degree that rendered him incapable of safely operating a vehicle. The events leading to his conviction took place at about 10:30 on the evening of May 25, 2013, when Officer Jason Colobong of the Tonganoxie Police Department observed Patrick's pickup truck straddling the centerline of the road. Patrick and his gi... More...   $0 (09-17-2018 - KS)

State of Tennessee v. Jamal P. Hicks

Defendant was indicted by the Montgomery County Grand Jury in February of 2016 for one count of violating the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004 (“the Act”) by “[f]alsification of a TBI registration form” as stated in Tennessee Code Annotated section 40-39-208(a)(2); one count of violating the Act by “[f]ailure to timely disclo... More...   $0 (09-17-2018 - TN)

Susan Hennen v. Metropolitian Life Insurance Company Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Plaintiff-appellant Susan Hennen worked as a sales specialist for NCR Corporation from 2010 to May 2012, when she sought treatment for a back injury. As an employee, Hennen was covered by long-term disability in-surance under a group policy provided by defendant-appel-lee Metropolitan Life Insurance Company (“MetLife”). When physical therapy and surgery failed to resolve her injury,
2 No. 17-3... More...
   $0 (09-17-2018 - il)

Lauren E. v. Lewisville Independent School District Eastern District of Texas Federal Courthouse - Beaumont, Texas

Lauren C., a young woman with disabilities previously in the Lewisville Independent School District, appeals the district court’s decision denying her attorneys’ fees under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400 et seq. While we rely on different grounds, we AFFIRM the district court’s judgment that Lauren is not a prevailing party for fee purposes.
The und... More...
   $0 (09-17-2018 - TX)

STATE OF OHIO vs. RAVONTE CARTER

In January 2017, Carter was charged in a four-count indictment as follows:
Count 1, aggravated murder in violation of R.C. 2903.01(A); Count 2, murder in violation
of R.C. 2903.02(B); Count 3, felonious assault in violation of R.C. 2903.11(A)(2), and
Count 4, felonious assault in violation of R.C. 2903.11(A)(1). The charges stemmed
from the shooting and death of Donovan Alexa... More...
   $0 (09-16-2018 - OH)

STATE OF OHIO vs. RANAU D. JOHNSON

Appellant Ranau D. Johnson appeals his convictions and sentence. Upon
review, we affirm all the convictions for aggravated arson and the sentence imposed on
Counts 3 and 4, vacate as void the conviction and sentence on Count 1 for attempted
felony murder, reverse the award of restitution, and remand the case to the trial court for a
resentencing hearing on Count 2 only and fo... More...
   $0 (09-16-2018 - OH)

United States of America v. Centers Plan for Healthy Living (“Centers Plan”) Eastern District of New York Courthouse - Brooklyn, New York

Brooklyn, NY - Staten Island-Based Health Care Service Agrees to Pay More than $1.6 Million to Settle False Claims Act Suit Alleging Fraudulent Billing Practices

Centers Plan for Healthy Living (“Centers Plan”), a Staten Island-based company that provides services to people who are chronically ill or who need long-term health care services, has agreed to pay $1,650,000 to settle civil fra... More...
   $0 (09-14-2018 - NY)

STATE OF KANSAS v. GREAT PLAINS OF KIOWA COUNTY, INC. MoreLaw Suites - The Best Place In Tulsa To Practice Law

Great Plains of Kiowa County, Inc., (Great Plains) appeals from a judgment holding it subject to the Kansas Open Records Act (KORA) and compelling it to provide records requested by the State of Kansas through the Kiowa County Commission.

Kiowa County Memorial Hospital (Hospital) in Greensburg, Kansas, is a hospital organized and operated under K.S.A. 19-4601 et seq. The Hospital is man... More...
   $0 (09-13-2018 - KS)

United States of America v. Daniel Sullivan District of New Hampshire Federal Courthouse - Concord, New Hampshire

Concord, NH - Manchester Man Sentenced to 14 Years in Prison for Illegal Possession of Firearms

Daniel Sullivan, 35, of Manchester, was sentenced to 168 months (14 years) in federal prison for the illegal possession of firearms.

According to court documents and statements made in court, in 2015 and 2016, Sullivan purchased and traded several firearms in New Hamps... More...
   $0 (09-12-2018 - NH)

STATE OF OHIO v. DAWUD SPAULDING

In the early morning of December 15, 2011, Mr. Spaulding shot and paralyzed
Patrick Griffin while he was leaving a house on Grant Street. Merely hours later, Mr. Spaulding
shot and killed both Erica Singleton and Ernie Thomas outside of the same house. Mr.
Spaulding was arrested the following day. After a jury trial, Mr. Spaulding was convicted of two
counts of aggravated mu... More...
   $0 (09-12-2018 - OH)

KENNETH MANLEY v. KANSAS DEPARTMENT OF REVENUE

At around 11 p.m. on June 21, 2016, Marysville Police Officer James Leis saw a truck driving with a burnt-out driver's side headlamp. Leis turned his patrol vehicle around and followed the truck for a short time but did not observe any erratic driving or other traffic violations. After Leis initiated his emergency lights, the truck pulled over without incident. Leis approached the driver's side of... More...   $0 (09-10-2018 - KS)

STATE OF KANSAS v. ANTHONY S. SMITH Morelaw Performance Internet Marketing 918- 582-3993 Your Completely Free Marketing If It Does Not Work Source >

Smith was charged with possession of cocaine, possession of marijuana, and battery against a law enforcement officer for acts he committed in 1992. Smith pleaded guilty to the offenses and was sentenced in August 1993.

At sentencing, the district court noted that if Smith were sentenced under the Kansas Sentencing Guidelines Act (KSGA), which took effect on July 1, 1993, Smith would h... More...
   $0 (09-10-2018 - KS)

William Hatcher v. MDOW Insurance Company Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

William Hatcher appeals following an adverse jury verdict on his claim seeking
additional insurance benefits for smoke and fire damage at his home. He argues the
district court misinterpreted his insurance policy as an actual-cash-value policy rather
than a replacement-cost policy. In addition, he raises an evidentiary issue, arguing the
district court improperly prevented him from... More...
   $0 (09-10-2018 - AR)

UNITED STATES OF AMERICA v. AMY GONZALEZ UNITED STATES OF AMERICA v. DAVID MATUSIEWICZ

David Matusiewicz1 and Christine Belford were married from 2001 to 2006, during which time they had three children, L.M.1, L.M.2, and K.M.1 (the “children”). The couple and their children also lived with Belford’s one child from a previous marriage, K.M.2.2 After their divorce, Belford and David engaged in a bitter custody dispute, during which David accused Belford of being an unfit mother and ... More...   $0 (09-09-2018 - DE)

UNITED STATES OF AMERICA v. MANUEL PEREIRA-GOMEZ, AKA Manuel Jesus Pereira, AKA Manuel Pereiro, AKA Manny Pereira

In 1997, Pereira pleaded guilty in New York state court to attempted robbery in the second degree. He was subsequently deported from the United States on three occasions. After reentering the United States a fourth time, he was arrested for, inter alia, felony offenses of driving while intoxicated and aggravated unlicensed operation of a motor vehicle. On October 21, 2015, Pereira was indicted for... More...   $0 (09-09-2018 - NY)

Barry D. Ware a/k/a Barry Dewayne Ware a/k/a Barry Ware v. State of Mississippi

On February 8, 2012, Ware was indicted on a charge of first-degree murder in Attala
County, Mississippi. On August 6, 2013, he filed a petition to enter a plea of guilty to
second-degree murder. The court accepted his plea and sentenced him to thirty years in the
custody of the Mississippi Department of Corrections. On August 5, 2016, Ware filed his
PCR motion, which is the bas... More...
   $0 (09-09-2018 - MS)

William Brady v. Bayer Corporation

In 1925, Merck Pharmaceuticals sent a letter to Morris Fishbein, chairman
of the Journal of the American Medical Association. The letter said, “We have been
recently startled by the unexplainable demand on the part of our customers for Sodium
Borate C. P. Powder. From our representatives, we have learned that a Dr. Brinkley, of
Milford, Kansas, has broadcast recommendations for the... More...
   $0 (09-08-2018 - )

Ray K. Haynes v. Indiana University Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Ray Haynes was employed as an as-sistant professor in the Department of Education at Indiana University. At the end of his six-year probationary contract, he lost his bid for tenure. Haynes, who is black, alleges that the University denied his tenure application because of his race in violation of federal law. The district judge entered summary judgment for the University and we affirm. The judge’... More...   $0 (09-07-2018 - IN)

Joseph W. Leiser v. Shannon-Moore; Randy Rogers District of Kansas Federal Courthouse - Topeka, Kansas

This appeal presents the question whether clearly established law supports the
claim of Plaintiff Joseph Leiser that two jail officials in Coffey County, Kansas, violated
his constitutional rights by disclosing medical information about him that they had
properly obtained. While Plaintiff was incarcerated in an Illinois jail awaiting extradition
to Coffey County, the administrator ... More...
   $0 (09-06-2018 - KS)

Brittany Harris v. Kimberly Klase Eastern District of Kentucky Federal Courthouse - Covington, Kentucky

Seventeen-year-old Brittany Harris was a passenger in her family’s minivan when it was pulled over by police officers in Erlanger, Kentucky. Later,
>
No. 17-6051 Harris v. Klare Page 2
Officer Kimberly Klare was summoned to escort Harris to a nearby restroom and, while doing so, searched her in allegedly inappropriate and unlawful ways. Harris brought suit under 42 U.S.C. § 1983, claim... More...
   $0 (09-06-2018 - KY)

Derrick Bunkley v. City of Detroit, Michigan Eastern District of Michigan Federal Courthouse - Detroit, Michigan

In this interlocutory appeal from the denial of the defendants’ motion for summary judgment, the defendants appeal several rulings, one of which concerns qualified immunity. We AFFIRM in part and DISMISS in part.
I.
Detroit Police arrested Derrick Bunkley on a charge of attempted murder, the State of Michigan prosecuted him, and a jury convicted him. But Bunkley was innocent. When the conv... More...
   $0 (09-06-2018 - MI)

STATE OF KANSAS v. ZACHARY TAYLOR HEFELE

On June 6, 2017, the State charged Hefele with one count of domestic battery, a class B person misdemeanor in violation of K.S.A. 2016 Supp. 21-5414(a)(2), and criminal restraint, a class A person misdemeanor in violation of K.S.A. 2016 Supp. 215411(a). The State's charges stemmed from an argument between Hefele and his thengirlfriend, Kasey Fuchs. The argument occurred in a townhome shared by Hef... More...   $0 (09-05-2018 - KS)

UNITED STATES OF AMERICA v. KURT L. MALLORY (17-3500); MARGARET L. MCKNIGHT (17-3537); SUSAN M. PIOCH (17-3538),

Martin Fewlas looked the part of a bar-dweller. Most days, he frequented various neighborhood establishments, drinking beer. At one such locale, he befriended Margaret McKnight. McKnight’s mother worked as a bartender, and McKnight often came by after school. Eventually, McKnight became a bartender too. She developed a close friendship with Fewlas—so much so that Fewlas invited McKnight to re... More...   $0 (09-05-2018 - )

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