http://www.morelaw.com False Imprisonment Law - MoreLaw.com en-us © Copyright 2008, MoreLaw.com Inc All Rights Reserved. Recent Cases kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-7000&s=OK&d=41854 James E. Stevenson, Jr., appeals pro se from a district court order that dismissed his civil-rights complaint as time barred. We have jurisdiction under 28 U.S.C. 1291, and we affirm.BACKGROUNDMr. Stevenson filed his 42 U.S.C. 1983 complaint pro se on June 11, 2008. He alleged that he was falsely arrested and beaten by deputies of the Carter County, Oklahoma, Sheriffs Office on March 5, 2 Mon, 26 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-6000&s=OK&d=41852 Plaintiffs-Appellants Delia Berglund and her daughter Darlene Vasquez (Plaintiffs) appeal the district courts grant of summary judgment for Defendants-Appellees Board of County Commissioners of Pottawatomie County, Pottawatomie County Sheriff Kurt Shirey, Pottawatomie County Sheriffs Deputy David Swearingen, and Pottawatomie County Sheriffs Deputy Anthony Rodriguez (Defendants Thu, 22 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=105568&s=IL&d=41709 More than four years after they vacated their apartment, plaintiffs Ken and Ana Landis filed suit against defendants Marc Realty, L.L.C., and Elliott Weiner, for the damages provided for in subsection (f) of section 512080 of the Chicago Residential Landlord and Tenant Ordinance (RLTO) (Chicago Municipal Code 512080(f) (amended May 14, 1997)), based on the defendants failure to re Sat, 17 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=29S02-0901-CV-40&s=IN&d=41701 This appeal challenges the trial court's grant of summary judgment which found privi-leged a restaurant employee's statements to a passerby and a police officer that a customer had "pulled a gun" inside the store. The plaintiffs, Sanford Kelsey and Thomas Williams, respective-ly, the suspected gun carrier and his companion (neither of whom actually had a gun), sued the restaurant operator, Papa Jo Tue, 13 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2741-cv&s=CT&d=41648 14 Plaintiff John Aczel appeals from the judgment of the United States District Court for the15 District of Connecticut (Dorsey, J.) granting judgment to Defendant, Police Officer Leonard16 Labonia, on Plaintiffs claim of use of excessive force. The case presents an unusual procedural17 history. The jury answered interrogatories in a special verdict form, finding that Plaintiff had18 proved Fri, 9 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-11667&s=FL&d=41520 This case stems from the Walton County Jails alleged refusal to release appellant Randy Campbell on bail after the court approved a property bond. Campbell sued appellee Ralph L. Johnson, Sheriff of Walton County, Florida, under 42 U.S.C. 1983, claiming a violation of his Fifth and Fourteenth Amendment due process liberty rights and his Eighth Amendment right to be free from excessive bail. Wed, 30 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=AC%2020049&s=CT&d=41201 The plaintiff Sara Socci1 appeals from the trial courts denial of her application for a prejudgment attachment of certain property of the defendant, Jeffrey S. Pasiak.2 On appeal, the plaintiff claims that the court improperly found that payment of any judgment rendered against the defendant was secured adequately by insurance. We reverse the judgment and remand this matter to the trial court w Tue, 1 Sep 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=No.%20527,%20Sept.%20Term,%202008&s=MD&d=41216 Appellant, David S. Davidson, initiated this litigation by filing suit against appellees, Seneca Crossing Section II Housing Association, Inc. (the Association), Azadeh Kaider (Azadeh), Brian Kaider (Brian), Lourdes Sandoval (Lourdes), and Santiago Sandoval (Santiago).1 The individual appellees are past and present members of the Associations Board of Directors. Th Mon, 31 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=CA&d=41058 Nshan "Nish" Minasian, age 59, sued Club One casino on negligence, false imprisonment, and civil assault and battery theories claiming that the casino's security guards roughed him up after he got into an argument with a car dealer on August 24, 2007. Plaintiff suffered a torn rotator cuff when the guards cuffed his hands behind his back for which he has had three surgeries. Plaintiff claimed tha Fri, 21 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=S155129&s=CA&d=40856 This case involves an insurance policy that covers injury resulting from an accident. After an assault and battery by the insured, the injured party sued the insured, alleging that the insured had acted under the unreasonable belief of having to defend himself, an act that according to the injured party fell within the policys coverage of an accident. Does the insurance company have Tue, 4 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=125%20Nev.%20Adv.%20Op.%20No.%2030&s=NV&d=40911 In this appeal and cross-appeal, we address whether qualified immunity can extend to shield private actors from civil liability in a 42 U.S.C. 1983 action and, if not, whether alleged evidentiary errors and attorney misconduct that occurred during trial on the 1983 claim warrant a new trial. In addition to the qualified immunity and alleged trial error issues, we decide whether punitive da Thu, 30 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-09-00001-CV&s=TX&d=40872 The Hardin County Sheriff's Department ("the County") appeals the denial of its plea to the jurisdiction in a tort suit filed by Justin W. Smith. We reverse the order and render judgment dismissing the case.Smith's petition alleged he was the victim of mistaken identity. Smith alleged he entered an Austin office of the Texas Department of Public Safety ("DPS") to renew his driver's license. Believ Thu, 30 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=43200CA000715&s=FL&d=40765 Luis Jimenez sued Martin Memorial Medical Center on unlawful detainer, deprivation of liberty theories and false imprisonment theories after he was shipped by air ambulance from the hospital to Guatemalan against his will. Luis Alberto Jimnez was rendered a quad and suffered brain damage when the vehicle in which he was a passenger was hit by another vehicle. He became a permanent patient at M Tue, 28 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2-08-176-CV&s=TX&d=40832 In three issues, Appellant Lainie Whitmire appeals the summary judgment entered against her and in favor of Appellee National Cutting Horse Association (the NCHA). We will affirm in part and reverse and remand in part. II. FACTUAL AND PROCEDURAL BACKGROUND A. The NCHAThe NCHA is a non-profit association whose purpose is Ato encou Thu, 23 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2--08--0652&s=IL&d=40977 Plaintiff, James J. Bertell, sued defendants, Rockford Memorial Hospital (RMH) and its chief of operations, Earl Tamar, alleging that they subjected him to involuntary commitment without filing a timely petition in the trial court. The trial court dismissed the complaint (see 735 ILCS 5/2--619(a)(9) (West 2006)), holding that the petition was timely. We affirm. Plaintiff's complaint alleged as fol Wed, 22 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=13-09-00075-CV&s=TX&d=40626 Appellant, Cameron County, Texas (the "County"), brings this accelerated interlocutory appeal following the trial court's denial of its plea to the jurisdiction. By one issue, the County asserts that the trial court erred in denying its plea to the jurisdiction because it is immune from suits based on the doctrine of sovereign immunity. We reverse the trial court's order and render judgment dismis Thu, 2 Jul 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=SJC-10187&s=MA&d=40541 We granted the defendants' application for further appellate review to consider whether a Superior Court judge erred in denying the defendants' special motion to dismiss, pursuant to G.L. c. 231, 59H (anti-SLAPP statute). [FN2] Because we conclude that the defendants are entitled to interlocutory appellate review, and that the motion judge erred in denying their special motion to dismiss, we re Thu, 25 Jun 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=B202888&s=CA&d=40509 State Farm General Insurance Company (State Farm) and Mimin Mintarsih both appeal a judgment in a declaratory relief action. Mintarsih sued State Farms insureds, Dennis Lam and Dina Lam, in the underlying action for false imprisonment and other counts arising from her employment as a domestic servant. She obtained a judgment against the Lams for compensatory and punitive damages, statutory pena Thu, 25 Jun 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=105568&s=&d=40329 More than four years after they vacated their apartment, plaintiffs Ken and Ana Landis filed suit against defendants Marc Realty, L.L.C., and Elliott Weiner, for the damages provided for in subsection (f) of section 512080 of the Chicago Residential Landlord and Tenant Ordinance (RLTO) (Chicago Municipal Code 512080(f) (amended May 14, 1997)), based on the defendants failure to re Thu, 21 May 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20Opinion%20No.%2041&s=ID&d=40040 This case arises out of an insurance dispute. Idaho Counties Risk Management Program Underwriters (ICRMP) appeals the district courts grant of summary judgment in favor of ICRMPs insurer, Northland Insurance Companies (Northland), holding that Northland had no duty to reimburse ICRMP for costs it incurred on behalf of its insureds in the defense and settlement of a lawsuit filed by Donald M. Thu, 14 May 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=1%20CA-CV%2008-0027&s=AZ&d=40001 1 Robert Howell and Pete Hodap bring separate appeals related to a civil suit alleging multiple constitutional and tort violations arising out of the execution of a search warrant. Patti Howell and Randy Johnson submit cross-appeals. For the following reasons and those set forth in the simultaneously filed memorandum decision,1 we affirm in part and reverse in part.I.2 On Wednesday, March Tue, 12 May 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-3225&s=IL&d=39940 Plaintiff Terence Brooks sued defendant police officers Davey, Savickas, and Stegmiller, as individuals, and their employer, the City of Chicago. He alleged false arrest under 42 U.S.C. 1983; malicious prosecution under state law; false imprisonment under state law; and due process violations under 1983. The district court dismissed Brookss federal claims and declined to exercise suppleme Fri, 1 May 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-3241&s=PA&d=39740 This appeal raises a discrete issue involving a malicious prosecution claim brought under 42 U.S.C. 1983 and Pennsylvania state law: Whether a conviction for disorderly conduct and a contemporaneous acquittal for aggravated assault and public intoxication under the relevant Pennsylvania statutes constitute a favorable termination of the state criminal proceeding against the plaintiff whose inte Thu, 23 Apr 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2008-302&s=NH&d=39643 The plaintiff, Jay A. MacKenzie, appeals the Superior Court (McGuire, J.) order granting the motion for judgment notwithstanding the verdict (JNOV) or, alternatively, to set aside the verdict, filed by the defendants, Rockingham County Sheriff Daniel Linehan and Rockingham County. The trial courts decision overturned a $500,000 jury verdict award in favor of the plaintiff upon his claims for wr Fri, 3 Apr 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2-08-234-CV&s=TX&d=39537 Appellant Michael LeBlanc appeals the trial court=s order granting appellee Detective C.D. Rileys (sic - The Second District of Texas publishes its reports with various and sundry symbols substituted for the intended ones.) first amended motion for summary judgment. In three issues, appellant contends that the trial court generally failed to follow Texas summary judgment principles, erred in its Thu, 2 Apr 2009 00:00:00 CST