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Retaliation Law
 
United States of America v. James Keith Beirle District of Wyoming Federal Courthouse - Cheyenne, Wyoming

In February 2014, James Keith Beierle was convicted of being a felon in
possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). At his first sentencing
hearing, the district court reviewed Beierle’s criminal history from the 1980s, which
included state felony convictions for burglary, robbery, and possession of a weapon
by a prisoner. The court determined that these three c... More...
   $0 (11-30-2017 - WY)

Derrick Allen v. Envirogreen Landscape Professionals, Inc.

Derrick Allen appeals the summary judgment dismissal of his retaliation claim based on Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq., and the denial of his motion for reconsideration of the judgment. For the following reasons, we AFFIRM.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent e... More...
   $0 (11-28-2017 - LA)

Edgar Garces Diaz v. The State of Texas Life in prison for man who killed Harlingen woman

Diaz was charged by a four-court indictment of: (1) the murder of Mayra Oyervides
with a firearm; (2) the aggravated assault with a deadly weapon of Leonel Garcia; (3) the
murder of Oyervides by committing an act clearly dangerous to human life; and (4) the
capital murder of Oyervides by retaliation. See id. §§ 19.02, 22.02, 19.03 (West, Westlaw
through 2017 1st C.S.).1
... More...
   $0 (11-28-2017 - TX)

Eugene Lamar Jenkins v. The State of Texas Trial begins for man accused of capital murder

In his first issue, Jenkins asserts that the trial court erred in denying his objections
to the State’s use of its peremptory challenges to strike two African-Americans on the
jury panel—Venireperson No. 6 and Venireperson No. 31. Jenkins asserts that the State’s
actions denied him due process of law and equal protection of the law in violation of
Batson v. Kentucky, 476 U.S. ... More...
   $0 (11-27-2017 - TX)

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)

Ex parte Dyjuan Meshun Donison

A grand jury indicted Donison in cause number 1461143D for the offense
of evading arrest or detention with a vehicle that occurred on or about June 24,
2016. After the jury was empaneled and sworn, the trial began on January 31,
2017, at 1:37 p.m. The jury heard testimony from three police officers; nine
exhibits—three warrants, four photographs, and two dash cam videos—were ... More...
   $0 (11-25-2017 - TX)

Hossein Shahbazian v. City of Rancho Palos verdes

Governments speak. They also petition. And they act in
ways that are neither speaking nor petitioning. It is important to
distinguish between the three, because Code of Civil Procedure
section 425.16 (section 425.16) may apply to the first two, but not
the third.
This case concerns whether the City of Rancho Palos
Verdes properly issued a permit for a fence separating twoMore...
   $0 (11-25-2017 - CA)

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)

Hossein Shahbazian v. City of Rancho Palos Verdes

Governments speak. They also petition. And they act in
ways that are neither speaking nor petitioning. It is important to
distinguish between the three, because Code of Civil Procedure
section 425.16 (section 425.16) may apply to the first two, but not
the third.
This case concerns whether the City of Rancho Palos
Verdes properly issued a permit for a fence separating twoMore...
   $0 (11-22-2017 - CA)

STATE OF MONTANA v. BARTON HOWARD

On March 31, 2014,at around 11:45 p.m.,Debbie Wiherski called 911 to report her
72-year-old husband, Jerome Wiherski (Wiherski), had been attacked at their home.
Lincoln County Sheriff’s officers responded to the residence and observed Wiherski had
suffered substantial injuries, including a swollen eye, broken nose, head injuries, and a
swollenright abdomen. Wiherski told offi... More...
   $0 (11-22-2017 - MT)

EARNEST DURANT V. DISTRICT OF COLUMBIA GOVERNMENT E. Barrett Prettyman U.S. Courthouse and William B. Bryant Annex

Earnest Durant, Jr. began his career with the Department in July 1983 and was subsequently terminated on July 2, 2010. During his tenure at the Department, Durant was promoted to the position of Criminal Investigator, DS-1811-11, with the Department’s Warrant Squad, whose headquarters were located at 300 Indiana Avenue NW. The Warrant Squad was responsible for obtaining warrants for, locating, and... More...   $0 (11-21-2017 - DC)

STATE OF NORTH CAROLINA v. ANTONIO RASHEED HAIR

A certified copy of a judgment showing Defendant was convicted on 13 May
2015 of the felony of conspiracy to commit robbery with a dangerous weapon was
admitted into evidence. Defendant does not contest the validity of this evidence.
In addition, the State’s evidence tends to show that, at approximately 7:47 a.m.
on 11 October 2015, Deputy Richard Hallberg (“Deputy Hallberg”) ... More...
   $0 (11-21-2017 - NC)

STATE OF LOUISIANA Vs. SHAVEZ WILEY Shavez Wiley convicted of 2011 murder, Orleans jury splits on 2 attempted murder counts

On January 17, 2012, a grand jury returned an indictment charging
Defendant with one count of second degree murder and two counts of attempted
second degree murder, violations of La. R.S. 14:30.1 and 14:27/14.30.1,
respectively. On January 23, 2012, Defendant appeared for arraignment and
entered pleas of not guilty on all charges. On January 31, 2012, Defendant filed
motio... More...
   $0 (11-20-2017 - LA)

United States of America v. Cristina Portillos Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Defendant-Appellant Cristina Portillos was convicted of conspiracy to file
false claims for a refund, 18 U.S.C. § 286 (Count 1), and aiding and abetting the
filing of false claims for refunds, 18 U.S.C. §§ 2(a), 287 (Counts 17 and 30). She
was sentenced to 21 months on each count, to run concurrently, as well as three
years’ supervised release on each count, also to run concurrentl... More...
   $0 (11-20-2017 - CO)

Mary Anna Whitehall v. County of San Bernardino San Bernardino County Courthouse - San Bernardino, California

Plaintiff, Mary Anna Whitehall, was a social worker for the San Bernardino
County Children and Family Services (CFS or the County) who sought legal advice
pertaining to any liability she might have for submitting misleading information and
doctored photographs to the juvenile court at the direction of her superiors. Her counsel
2
prepared a filing for the juvenile court to app... More...
   $0 (11-19-2017 - CA)

State v. Chaquiro Blandino Supreme Court of Rhode Island

There is little factual dispute in this case. It is uncontroverted that defendant shot and
killed Francis Rodriguez on May 2, 2014. It is also undisputed that defendant had previously
been robbed, shot, and frequently harassed by members of the “C-Block” gang.1 The only
question at trial was whether the killing of Rodriguez was a cold-blooded, premeditated murder
or an act o... More...
   $0 (11-14-2017 - RI)

Camden-Clark Memorial Hospital Corporation v. Tuan Nguyen, M.D. Supreme Court of Appeals - Charleston, West Virginia

Respondent Dr. Tuan Nguyen (“Physician”) filed a third-party complaint
against Petitioner Camden-Clark Memorial Hospital Corporation (the “Hospital”) and
alleged it discriminated and retaliated against him for reporting patient safety concerns;
he alleged violations of the West Virginia Patient Safety Act (the “Act”),1 retaliatory
discharge, and intentional infliction of emotional ... More...
   $0 (11-13-2017 - WV)

STATE OF OHIO vs. BRADLEY L. BRADFORD

This case arose out of a conflict between two Cleveland gangs, the Fleet
Avenue and Broadway Avenue gangs, that came to a head in the spring and summer of
2015. In April 2015, two members of the Fleet gang were shot at a local bar. On May
4, 2015, a shooting against Broadway members injured Antowine Palmer and killed Pedro
“Dro” Barnes (“Dro Barnes”). The May 4 shooting occ... More...
   $0 (11-11-2017 - OH)

Francisco Diaz v. Professional Community Management, Inc.

A “sharp practice” is defined as a “dealing in which advantage is taken or
sought unscrupulously.” (Webster’s 3d New Internat. Dict. (2002) p. 2088.) This is an
appeal borne of sharp practices.
Defendant Professional Community Management, Inc. (PCM), unilaterally
orchestrated the issuance of an appealable order by: (1) applying ex parte, a mere 11 days
before trial, for an orde... More...
   $0 (11-09-2017 - CA)

Thomas Rael v. Smith's Food and Drug Centers, Inc. Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Thomas Rael appeals the district court’s dismissal of his state law tort claims
as preempted by § 301 of the Labor Management Relations Act (“LMRA”),
29 U.S.C. § 185(a). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.
2
I. Factual Background
Rael worked for Smith’s Food and Drug Centers as a meat cutter for 25 years
until he resigned in December 2014. The terms o... More...
   $0 (11-07-2017 - CO)

Dena Utter v. Amie Rose Colclaizer Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Plaintiffs Kena Utter, Aubree Holsapple, and Dara Campbell (collectively, the Teachers) appeal the district court’s dismissal of their numerous federal and state claims against the Seminole School District (District), which is governed by the
2
Seminole Board of Education (the Board), and three of the Board’s five members,
Amie Rose Colclazier, Jack Cadenhead, and Mickey Upton (collec... More...
   $0 (11-07-2017 - NV)

THE STATE OF NEW HAMPSHIRE v. CARLOS GONZALEZ, III Aggravated Felonious Sexual Assault New Hampshire Supreme Court

The defendant, Carlos Gonzalez, III, appeals his convictions on two counts of aggravated felonious sexual assault. See RSA 632-A:2 (2016). The defendant argues that the Trial Court (Wageling, J.) erred when it vacated the pro hac vice admission of two out-of-state attorneys, thereby depriving him of his right to chosen counsel under Part I, Article 15 of the State Constitution and the Sixth Ame... More...   $0 (11-07-2017 - NH)

Arthur Clemens, Jr. v. Centurylink, Inc. and QWest Corporation Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Arthur Clemens, Jr., sued his employer Qwest Corporation (“Qwest”) for Title VII violations. A jury awarded damages for back pay and emotional distress, as well as punitive damages. On appeal, Clemens challenges the district court’s refusal to consider adjusting his lump-sum back-pay award to account for the corresponding increase in his tax liability. We have jurisdiction under 28 U.S.C. § 1291. ... More...   $0 (11-03-2017 - WA)

STATE OF NEW MEXICO v. BENJAMIN DAVID BAROZ III

On August 30, 2011, in Alamogordo, New Mexico, Defendant’s father drove
10 his truck past Vangie Cordova’s house, where she lived with her grandsons, Matthew
11 Cordova and Daniel Cordova, with Defendant in the passenger seat. The truck passed
12 the house at least once, went around the block, and came back again, very slowly,
13 with the windows partially rolled down. Matthew Cor... More...
   $0 (11-03-2017 - NM)

STATE OF RHODE ISLAND v. Chaquiro Blandino SupremeCourt - Rhode Island

There is little factual dispute in this case. It is uncontroverted that defendant shot and
killed Francis Rodriguez on May 2, 2014. It is also undisputed that defendant had previously
been robbed, shot, and frequently harassed by members of the “C-Block” gang.1 The only
question at trial was whether the killing of Rodriguez was a cold-blooded, premeditated murder
or an act o... More...
   $0 (11-03-2017 - RI)

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