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Qualified Immunity Law
 
Larry Littlejohn v. Costco Wholesale Corporation

Plaintiff Larry Littlejohn appeals from a ruling sustaining a demurrer to his third
amended complaint (complaint) without leave to amend. Littlejohn sought to sue Costco
Wholesale Corporation and Costco Wholesale Membership, Inc. (Costco), the California
Board of Equalization (Board) and Abbott Laboratories, Inc. (Abbott) to recover amounts
he paid in sales tax reimbursement on pur... More...
   $0 (07-16-2018 - CA)

UNITED STATES OF AMERICA v. JOHN TIMOTHY CANNON, a/k/a Mr JT,

Cannon argues that the district court abused its discretion in denying his pretrial motion for a reliability hearing. Cannon’s opening brief merely incorporates by reference his district court pleadings, a tactic of which we have disapproved. See Fed. R. App. P. 28(a)(8)(A); Wahi v. Charleston Area Med. Ctr., Inc., 562 F.3d 599, 607 (4th Cir. 2009); McCarver v. Lee, 221 F.3d 583, 588 n.1 (4t... More...   $0 (07-15-2018 - Nc)

Planned Parenthood of the Heartland and Jill Meadows v. Kimberly K. Reynolds, ex rel State of Iowa and Iowa Board of Medicine SUPREME COURT OF IOWA

In this appeal, we must decide if the constitutional right of women to choose to terminate a pregnancy is unreasonably restricted by a statute that prohibits the exercise of the right for a period of seventy-two hours after going to a doctor. In making this decision, we recognize the continuing debate in society over abortion and acknowledge the right of government to reasonably regulate the const... More...   $0 (07-15-2018 - IA)

BURGESS MASSEY v. UNITED STATES OF AMERICA

After the Supreme Court denied his petition for a writ  of certiorari, Massey v. United States, 549 U.S. 1136 (2007),  Massey filed his first motion for relief pursuant to 28 U.S.C.  § 2255, Massey v. United States, 08‐924, 2009 WL 1285991  (S.D.N.Y.  Apr.  23,  2009).  The  District  Court  denied  his  motion  and  did  not  issue  a  certificate  of  appealability,  finding that his three... More...   $0 (07-15-2018 - )

JOSEPH S. HAJDUSEK v. UNITED STATES OF AMERICA Marine Corps recruit from NH sues U.S. for injury he says was caused by sergeant who made him exercise 'excessively'

When reviewing a dismissal for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), we "construe the [c]omplaint liberally and treat all well-pleaded facts as true, according the plaintiff the benefit of all reasonable inferences." Murphy v. United States, 45 F.3d 520, 522 (1st Cir. 1995). In addition to the pleadings, Hajdusek submitted certain additional ma... More...   $0 (07-15-2018 - NH)

HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The... More...
   $0 (07-15-2018 - MA)

Tom Donovan Nicolos v. North Slope Borough North Slope Borough of Alaska

The North Slope Borough discharged employee Tom Donovan Nicolos after he made statements that Borough employees interpreted as threats. Nicolos appeals from the superior court’s order approving the Borough Personnel Board’s decision affirming his discharge. He claims that his statements did not constitute threats or other
misconduct under the Borough’s personnel rules and that the Borough fail... More...
   $0 (07-15-2018 - )

State of Tennessee v. Damarkus Lowe

Following the April 2012 shooting death of William Watson (“the victim”), a Knox County grand jury charged the Defendant, along with Michael May, with the first degree premeditated murder of the victim and two alternative counts of especially aggravated kidnapping involving Myshauna Blair. See Tenn. Code Ann. §§ 39-13-202, 305. The Defendant proceeded to a trial by jury on June 30through July 3,... More...   $0 (07-14-2018 - TN)

State of Tennessee v. Johnny Lorenzo Wade

The victims, Johnny Shivers; his wife, Chermaine Owens Shivers; their then sixteen-year-old son, Jonathan Shivers; and Ms. Shivers’s twenty-one-year-old son, Markel Owens, lived on Walker Road in Jackson, Tennessee.2 Around 9:30 p.m. on January 15, 2014, their neighbor, Joseph Mosely, was returning home with his family from church when he “saw some guys” standing around a white car. As he was wa... More...   $0 (07-14-2018 - TN)

Franklin Savage v. State of Maryland District of Maryland Federal Courthouse - Baltimore, Maryland

These appeals are part of broader litigation alleging pervasive race discrimination and unlawful retaliation against three African-American police officers who worked for Pocomoke City in Worcester County, Maryland. The issues before us today arise from the interactions of one of those plaintiffs, Franklin Savage, with the State’s Attorney for Worcester County, Beau Oglesby. According to Savage, O... More...   $0 (07-14-2018 - MD)

United States of America v. Alain Kaloyeros Southern District of New York - New York, New York

New York, NY - Alain Kaloyeros, President Of Suny Polytechnic Institute, And Three Executives Of Real Estate Development Companies Found Guilty Of Fraud In Connection With Buffalo Billion Projects

Alain Kaloyeros, the former president of the State University of New York Polytechnic Institute (“SUNY Poly”), was convicted of defrauding and conspiring to defraud a SUNY Poly-affiliated not-f... More...
   $0 (07-14-2018 - NY)

Larry Littlejohn v. Costco Wholesale Corporation Glass Office Floor Mats

Plaintiff Larry Littlejohn appeals from a ruling sustaining a demurrer to his third
amended complaint (complaint) without leave to amend. Littlejohn sought to sue Costco
Wholesale Corporation and Costco Wholesale Membership, Inc. (Costco), the California
Board of Equalization (Board) and Abbott Laboratories, Inc. (Abbott) to recover amounts
he paid in sales tax reimbursement on pur... More...
   $0 (07-14-2018 - CA)

Nadine Pellegrino and Harry Waldman v. T.S.A., Nuyriah Abdul-Malik, Laura Labbee, and Denice Kissinger United States Court of Appeals for the Third Circuit

In Vanderklok v. United States, 868 F.3d 189 (3d Cir.
2017), we declined to imply a Bivens cause of action against
airport screeners employed by the Transportation Security
Administration (TSA) in part because they “typically are not
law enforcement officers and do not act as such.” Id. at 208.
We now must decide a related question that we anticipated, but
did not resolve, ... More...
   $0 (07-13-2018 - PA)

Tamara Baskin v. Hughes Realty, Inc.

In the underlying action for disability discrimination,
appellant Tamara Baskin alleged that respondent Hughes
Realty, Inc. (Hughes) violated the California Disabled
Persons Act (DPA) (Civ. Code, §§ 54-55.3.) by providing no
designated and accessible path of travel for persons with
disabilities within the parking lot of a grocery store.1
Sppecifically, she alleged that unde... More...
   $0 (07-13-2018 - CA)

Enrique Arochi v. The State of Texas

Paulina Petrosky and the victim in this case, Christina Morris, were friends from Allen
High School. Petrosky graduated in 2010, one year after Morris, and the two had remained friends.
Petrosky, an account manager for an insurance company, lived in an apartment complex located
at the Shops at Legacy in Plano, Texas, a mixed-use residential and commercial property with
shops,... More...
   $0 (07-12-2018 - TX)

United States of America, ex rel. Gerald Polukoff v. St. Marks Hospital, et al. District of Utah Federal Courthouse - Salt Lake City, Utah

This is a qui tam action alleging violations of the False Claims Act (“FCA”), 31
U.S.C. §§ 3729–33, involving fraudulent reimbursements under the Medicare Act, 42
U.S.C. §§ 1395–1395ccc. Plaintiff Gerald Polukoff, M.D., is a doctor who worked with
Defendant Sherman Sorensen, M.D. After observing some of Dr. Sorensen’s medical
3
practices, Dr. Polukoff brought this FCA action, o... More...
   $0 (07-10-2018 - UT)

Silvan Warnick v. Bradford Cooley; Robin Wilkins; Ethan Rampton; Mark Knighton; Jeffrey Hall District of Utah Federal Courthouse - Salt Lake City, Utah

Silvan Warnick brings this 42 U.S.C. § 1983 malicious prosecution case
and a number of state law tort claims against several Salt Lake County
prosecutors and investigators. He claims he was falsely accused of tampering
with evidence that led to the filing of criminal charges against him that were later
dismissed.
The district court granted the defendants’ motion to dismiss, and... More...
   $0 (07-10-2018 - UT)

ichael Donaldson a/k/a Michael Paul Donaldson a/k/a Mike Donaldson v. State of Mississippi

During an investigation for child pornography, the Mississippi Attorney General’s
Cyber Crime Unit (the “Cyber Crime Unit”), through Investigator Kyle Moore, obtained a
warrant to search Donaldson’s residence. Investigators seized over thirty items of digital
evidence; these items included a Dell laptop that was found on the toilet in the master
bathroom (“Laptop 1”) and a Dell la... More...
   $0 (07-09-2018 - MS)

State of Tennessee v. Damarkus Lowe

Following the April 2012 shooting death of William Watson (“the victim”), a Knox County grand jury charged the Defendant, along with Michael May, with the first degree premeditated murder of the victim and two alternative counts of especially aggravated kidnapping involving Myshauna Blair. See Tenn. Code Ann. §§ 39-13-202, 305. The Defendant proceeded to a trial by jury on June 30through July 3,... More...   $0 (07-09-2018 - TN)

DAVID R. SMITH v. THE TENNESSEE NATIONAL GUARD

Mr. Smith joined the Guard in 1993 as “a traditional guardsman.” In February 2002, he was selected for a full-time position in the Active Guard Reserve (“AGR”). Seven years later, in 2009, Mr. Smith applied for senior developmental education at the Naval War College in Washington, D.C., and he was accepted. The Guard required Mr. Smith to leave his full-time AGR position when he began attending... More...   $0 (07-09-2018 - TN)

In Re Volkswage "Clean Diesel" Marketing, Sales, Praftice and Products Liability Litigation Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Ronald Clark Fleshman, Jr., the disgruntled owner of a
2012 Volkswagen Jetta, appeals the denial of his motion to
intervene in the federal government’s Clean Air Act suit
against Volkswagen, AG and several of its subsidiaries
(collectively Volkswagen or VW). The government’s suit
arose from the car manufacturer’s installation in some of its
cars of “defeat devices”—surrepti... More...
   $0 (07-09-2018 - CA)

Manmett S. Padda v. The Superior Court of Riverside County, GI Excellence, Inc., Real Parties in Interest

In this matter, we have reviewed the petition, its exhibits, and the letter response
filed by real parties in interest (hereafter real parties). We have determined that
resolution of the matter involves the application of settled principles of law, and that the
equities favor petitioners. We conclude that issuance of a peremptory writ in the first
instance is therefore appropriate.... More...
   $0 (07-09-2018 - CA)

STATE OF IOWA vs. JOHNNIE LEE BOUTCHEE

Boutchee called 911 around 5 a.m. on December 5, 2016, telling the
dispatcher his girlfriend was having a medical emergency and “needs some help.”
When paramedics arrived, they discovered two people who needed help. Not only
was Boutchee’s girlfriend, T.T., bleeding from multiple stab wounds in the
bedroom. But in the living room, paramedics found J.R., bloody and barely More...
   $0 (07-08-2018 - IA)

Sheldon Thompson v. City of Monticello, et al. Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

Former City of Monticello, Arkansas, police officer Ray Singleton appeals afterthe district court1 denied his request for qualified immunity at summary judgment inthis 42 U.S.C. § 1983 action alleging he used excessive force against SheldonThompson.
I. Background
The following facts are undisputed. In the early morning hours of December12, 2010, Thompson was walking to his home in Monticel... More...
   $0 (07-08-2018 - AR)

In the Matter of the Guardianship of E.C., A Minor Child

On August 9, 2016, the maternal grandparents of E.C., petitioned the court to be appointed as E.C.'s guardians. D.P., E.C.'s mother, had died of cancer on July 28, 2016. Grandparents alleged that they were fit to serve as E.C.'s guardians partly because E.C. had been living with them since she was six months old. Grandparents also asserted that D.C., E.C.'s biological father, had no bond with E.C.... More...   $0 (07-07-2018 - KS)

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