Arizona Immunity Law

Honor Duvall, et al. v. Phoenix Children's Hospital, et al. </H2> </CENTER>

Phoenix, Arizona personal injury lawyers represented the PlaintiffS who sued on intentional infliction of emotional distress theories.<br> <br> Plaintiffs alleged that Defendants were liable under this state law claim because their actions "in making or contributing to the making of false reports of abuse to DCS were extreme and outrageous.” However, Arizona's mandatory reporting statute req... More...

$0 (08-08-2025 - AZ)
Victor Sanchez-Ravuelta, et al. v. Yavapai County, et al.

Phoenix, Arizona personal injury lawyers represented the Plaintiffs on dram shop theories.<br> <br> In April 2021, David Browne visited Billy Jack's Saloon and Grill ("Billy Jack's") in the Town of Dewey-Humboldt in Yavapai County. After leaving the parking lot of Billy Jack's, Browne drove his vehicle onto State Route 69 and was involved in a multi-vehicle collision. Victor Sanchez-Ravuelta and ... More...

$0 (05-29-2025 - AZ)
Justin Stein v. Alyssa Depke, et al.

Tucson, Arizona civil rights lawyers represented the Plaintiff, who was wrongfully taken away from his parents and put in foster care.<br> <br> Justin Stein and others sued Alyssa Depke and others in the District of Arizona. The case involved a disagreement about the scope of consent to search a car for narcotics, specifically whether the consent extended to a paper bag that might contain narcotic... More...

$1200000 (05-07-2025 - AZ)
Fernando Balderrama and Maria Balderrama v. United States of America

Phoenix, Arizona personal injury lawyer represented the Plaintiff who sued the Defendant on a Federal Tort Claims Act auto negligence theory.<br> <br> The Federal Tort Claims Act:<br> <br> A federal statute that allows individuals to sue the U.S. government for injuries or damages caused by negligent or wrongful acts of its employees.<br> It waives the government's sovereign immunity in ce... More...

$1 (12-20-2023 - AZ)
Lori Pearl v. United Stats of America

Tucson, Arizona personal injury lawyer represented the Plaintiff who sued the Defendant on a Federal Tort Claims Act auto negligence theory claiming to have been injured and/or damaged in a car wreck caused by a government employee.<br> <br> The Federal Tort Claims Act:<br> <br> A federal statute that allows individuals to sue the U.S. government for injuries or damages caused by negligent or ... More...

$1 (12-21-2023 - AZ)
Araceli Rodriguez v. Lonnie Swartz, Agent of the U.S. Boarder Patrol

A U.S. Border Patrol agent standing on American soil<br> shot and killed a teenage Mexican citizen who was walking<br> down a street in Mexico. We address whether that agent has<br> <br> 6 RODRIGUEZ V. SWARTZ<br> <br> qualified immunity and whether he can be sued for violating<br> the Fourth Amendment. Based on the facts alleged in the<br> complaint, we hold that the agent violated a clearly<br> e... More...

$0 (08-09-2018 - AZ)
Steven Morales v. United States of America

This appeal is one of many tort cases against the government in which we consider the government’s waiver of sovereign immunity. Under the Federal Tort Claims Act (the “FTCA”), the court has no jurisdiction over claims “based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Governme... More...

$0 (07-19-2018 - AZ)
Lisa Demargee v. Laura Pederson; Amy Van Ness

As this court has stated repeatedly, families have a “wellelaborated<br> constitutional right to live together without<br> governmental interference.” Wallis v. Spencer, 202 F.3d<br> 1126, 1136 (9th Cir. 2000); accord Kirkpatrick v. Cty. of<br> Washoe, 843 F.3d 784, 789 (9th Cir. 2016) (en banc); Burke<br> v. Cty. of Alameda, 586 F.3d 725, 731 (9th Cir. 2009); Rogers<br> v. Cty. of San Joaquin... More...

$0 (04-09-2018 - AZ)
Lisa Demaree v. Laura Pederson; Amy Van Ness

As this court has stated repeatedly, families have a “wellelaborated<br> constitutional right to live together without<br> governmental interference.” Wallis v. Spencer, 202 F.3d<br> 1126, 1136 (9th Cir. 2000); accord Kirkpatrick v. Cty. of<br> Washoe, 843 F.3d 784, 789 (9th Cir. 2016) (en banc); Burke<br> v. Cty. of Alameda, 586 F.3d 725, 731 (9th Cir. 2009); Rogers<br> v. Cty. of San Joaquin... More...

$0 (01-23-2018 - AZ)
Navajo Nation v. Department of the Interior, et al.

The Department of the Interior (“Interior” or “the<br> Secretary”) oversees the control, storage, and delivery to the<br> Western states of the waters of the Colorado River. In most<br> years, each state in the Colorado River Basin receives a fixed<br> amount of water from the river; in “surplus” and “shortage”<br> years, that amount changes. In the face of unprecedented<br> drough... More...

$0 (12-04-2017 - AZ)
John Doe v. Charles "Chuck" Rodrick

Phoenix, AZ - Jury Awards Plaintiff $325,000 in Damages for Defamatory Posts On Website<br> <br> Davis Ellis and two John Does sued Charles "Chuck" Rodrick, II on defamation, false light and intentional infliction of emotional distress theories claiming that Plaintiffs were injured and/or damages they claimed that they suffered as a result of Defendant posting false and harassing information on se... More...

$325000 (07-02-2016 - AZ)
Salvador Reza v. Russell Pearce

The panel has voted to deny the petition for panel<br> rehearing. Judges Smith and Watford voted to deny the<br> petition for rehearing en banc, and Judge Wallace so<br> recommends. The full court has been advised of the petition<br> for rehearing en banc, and no judge of the court has requested<br> a vote on en banc rehearing. See Fed. R. App. P. 35(f). The<br> petition for panel rehearing and th... More...

$0 (11-19-2015 - AZ)
Salvador Reza v. Russell Pearce

In this § 1983 action, Salvador Reza alleges that Arizona<br> State Senator Russell Pearce violated his constitutional rights<br> when he ordered Reza removed, and barred, from the Arizona<br> Senate building (the Building) at the state capital. Reza<br> contends that Senator Pearce targeted him because of his<br> public criticism of the senator, and because of Reza’s<br> Mexican heritage. Sena... More...

$0 (08-18-2015 - AZ)
Loren R. Shirk v. United States of America

We are asked to decide whether the United States may be<br> held liable under the Federal Tort Claims Act for the offreservation<br> actions of two tribal police officers.<br> SHIRK V. UNITED STATES 5<br> I<br> A<br> On October 19, 2006, at approximately 5:00 p.m.,<br> Detective Michael Lancaster and Sergeant Hilario<br> Tanakeyowma (the "Officers”), two tribal police officers<br> employed b... More...

$0 (12-08-2014 - AZ)
Gila River Indian Community v. United States of America

This case illustrates the nuances of our federalist system of government, pitting Indian tribe against Indian tribe, and State and local governments against the federal government and an Indian tribe. The City of Glendale and various other parties ("Glendale”) seek to set aside the Department of the Interior's decision to accept in trust, for the benefit of the Tohono O'odham Nation ("the Na... More...

$0 (05-20-2013 - AZ)
Richard Stengel v. Medtronic, Incorporated

Plaintiffs Richard and Mary Lou Stengel sued Medtronic under state law when a medical device manufactured by Medtronic rendered Richard permanently paraplegic. Medtronic moved to dismiss the Stengels' complaint, contending that the Medical Device Amendments ("MDA”) to the Food, Drug, and Cosmetic Act ("FDCA”) preempted their state-law claims. The Stengels moved to amend their complaint... More...

$0 (01-10-2013 - AZ)
Michael Lacey v. Joseph M. Arpaio

This § 1983 case concerns allegations of unlawful conduct by officials in the Maricopa County Sheriff's Office ("MCSO”) and the Maricopa County Attorney's Office ("MCAO”), conduct which culminated in the late-night arrests of Michael Lacey and Jim Larkin, owners of the Phoenix New Times, LLC. Lacey, Larkin, and the New Times (collectively, "Lacey”) sued Sheriff Joseph Arpaio, ... More...

$0 (08-29-2012 - AZ)
Arizona v. United States

An Arizona statute known as S. B. 1070 was enacted in 2010 to address pressing issues related to the large number of unlawful aliens in the State. The United States sought to enjoin the law as preempted. The District Court issued a preliminary injunction preventing four of its provisions from taking effect. Section 3 makes failure to comply with federal alien-registration requirements a state misd... More...

$0 (06-25-2012 - AZ)
Jose Chavez v. United States of America

Between 1995 and 2001, plaintiffs Jose and Maria Elena Chavez operated a shuttle service between Sesabe, Arizona and Tucson, Arizona. Plaintiffs allege that Border Patrol agents stopped their shuttle repeatedly and in violation of their Fourth Amendment rights. Based on these allegations, the plaintiffs bring claims not only against the agents who stopped them, but also against supervisors who the... More...

$0 (06-20-2012 - AZ)
Centro Familiar Cristiano Buenas Nuevas v. City of Yuma

We address the "equal terms” provision of the Religious Land Use and Institutionalized Persons Act (RLUIPA).1<br><br>I. Facts<br><br>Centro Familiar Cristiano Buenas Nuevas, founded in 1998, is a Christian congregation of around 250 members, associated with the Arizona Southern Baptist Convention. The church sued for a declaratory judgment, injunction, and damages, when the City of Yuma prev... More...

$0 (07-12-2011 - AZ)
Michael Lacey v. Joseph M. Arpaio

This case arose from the controversial late-night arrests and subsequent release of two Phoenix newspaper executives. As a result, Michael Lacey, Jim Larkin, and Phoenix New Times, LLC (Plaintiffs) sued various officials connected with the Maricopa County Attorney's Office and the Sheriff's Office, including the county attorney, the sheriff, and a special prosecutor. They alleged the special prose... More...

$0 (06-09-2011 - AZ)
Clifford J. Ochser v. Deputy Gerard Funk

¶1 Appellant-Plaintiff Clifford J. Ochser (Ochser) appeals the trial court's grant of summary judgment in favor of Appellees-Defendants Funk, et al. (collectively, Defendants). For the following reasons, we affirm the trial court's grant of summary judgment in favor of Defendants.<br> <br> FACTS AND PROCEDURAL HISTORY<br> <br> ¶2 When reviewing motions for summary judgment, we view the facts in ... More...

$0 (09-28-2010 - AZ)
John Steven Simon v. Maricopa Medical Center

¶1 Plaintiff-Appellant John Steven Simon appeals the trial court's judgment dismissing his claims against Defendants-Appellees Maricopa Medical Center ("MMC”), the City of Phoenix Police Department (the "Police Department”), and Officers Borquez, Masad, Coudret, Edwards, Ippel, Smoger, and Burke (collectively, the "Officers”). We reverse the superior court's orders dismissing th... More...

$0 (07-01-2010 - AZ)
Alex Ramsey v. Yavapai Family Advocacy Center

¶1 Alex Ramsey (Ramsey) appeals the trial court's grant of summary judgment in favor of LaRayne Ness (Ness), Judy Denton and Yavapai Community Hospital Association (collectively, Denton), Brenda Sheets (Sheets), and Yavapai Family Advocacy Center (YFAC) (collectively, Defendants).1 For the following reasons, we affirm.<br> <br> FACTS AND PROCEDURAL HISTORY<br> <br> ¶2 Ramsey and his ex-wife, A.S... More...

$0 (07-13-2010 - AZ)
Anthony Yeung, M.D. v. Zoran Maric, M.D.

¶1 Anthony Yeung, M.D., sued Zoran Maric, M.D., for defamation and false light invasion of privacy. The trial court granted summary judgment to Dr. Maric, finding statements Dr. Maric made in an independent medical examination report -- prepared in connection with a private, contractual arbitration proceeding -- are protected by the absolute privilege afforded to participants in judicial proceedi... More...

$0 (06-08-2010 - AZ)
David M. Rodriguez, et al. v. Maricopa County College District, et al.

We consider the interplay between the First Amendment and the right to be free of workplace harassment on the basis of protected status.<br><br>Facts<br><br>Professor Walter Kehowski sent three racially-charged emails over a distribution list maintained by the Maricopa County Community College District, where he teaches math. Every district employee with an email address received a copy. Plaintiff... More...

$0 (05-26-2010 - AZ)
A Tumbling-F Ranches v. Maricopa County

¶1 Plaintiffs ("the Farmers”) appeal the trial court's denial of their motions for judgment as a matter of law ("JMOL”) relating to their unsuccessful inverse eminent domain claim against the Flood Control District of Maricopa County ("the District”). On cross-appeal, the District challenges the negligence claim the Farmers successfully asserted against it. The District argues t... More...

$0 (10-08-2009 - AZ)
Terrence Bressi v. Michael Ford, et al.

Plaintiff-Appellant Terrence Bressi is a non-Indian who filed this action against four officers of the Tohono O'odham Police Department ("Tribal Police Department”) and the United States after he was stopped and cited at a roadblock on a state highway crossing the Tohono O'odham Nation Indian Reservation. Defendant Officers Michael Ford, Eric O'Dell, and George Traviolia all had some contact... More...

$0 (08-04-2009 - AZ)
James Tarron v. Bowen Machine & Fabricating, Inc. dba Bowen Industrial Contractors, Inc.

¶1 Bowen Machine & Fabricating, Inc., doing business as Bowen Industrial Contractors, Inc., ("Bowen”) appeals from the trial court's grant of partial summary judgment to James and Sherry Tarron on the issue of vicarious liability and the subsequent judgment after a jury trial finding Bowen 60% liable for the Tarrons' damages. For the foregoing reasons, we reverse and remand.<br><br>Facts an... More...

$0 (07-08-2009 - AZ)
Qwest Corporation v. Arizona Corporation Commission

The Telecommunications Act of 1996 ("Act” or "1996 Act”), Pub. L. 104-104, 110 Stat. 56 (codified in part at 47 U.S.C. §§ 251-261, 271), created a complex federal scheme to encourage competition in local telephone service markets previously dominated by state-sanctioned local exchange carrier monopolies. AT&T Corp. v. Iowa Utils. Bd., 525 U.S. 366, 371-72, 377-80 (1999). Sections... More...

$0 (06-08-2009 - AZ)
William Ritchie, et al. v. Scott A. Krasner, M.D., et al.

¶1 Dr. Scott A. Krasner, Terri Lee Krasner, and Scott A. Krasner, M.D., P.C. (together, "Krasner”) appeal the jury verdict in favor of William Ritchie, Darlene Ritchie, and Korbin Underwood (together, "Ritchies”). Krasner raises several issues on appeal. We hold that, even absent a formal doctor-patient relationship, a doctor conducting an Independent Medical Examination ("IME”)... More...

$0 (04-21-2009 - AZ)
Scottsdale Perimeter 1 v. City of Scottsdale, Arizona Department of Transportation and HDR Engineering, Inc.

Scottsdale Perimeter 1 sued the City of Scottsdale, Arizona Department of Transportation and HDR Engineering, Inc. for the damages that it claimed that it sustained as a result of the failure of Defendants to complete a proposed $100 million Desert Greenbelt drainage system and the construction of Loop 101 to divert storm water, according to the lawsuit. Plaintiff bought the property in 1999 with ... More...

$7195000 (11-13-2008 - AZ)
Simon D. Chalpin, Hi-Health Supermart Corporation v. J. Kevin Snyder, et al.

¶1 Simon D. Chalpin ("Chalpin”), and Hi-Health Supermart Corporation ("Hi-Health”) appeal from the trial court's dismissal of their aiding and abetting claim against J. Kevin Snyder ("Snyder”) and his law firm, Robin, Kaplan, Miller & Ciresi, LLP ("Robin Kaplan”), pursuant to Arizona Rules of Civil Procedure 12(b)(6). Chalpin and Hi-Health also appeal from the trial court'... More...

$0 (10-21-2008 - AZ)
Juanita M. Tostado v. City of Laek Havasu

¶1 Juanita M. Tostado ("Appellant”) appeals the superior court's grant of summary judgment in favor of the City of Lake Havasu ("the City”). Appellant argues on appeal that the superior court improperly found that the City had absolute immunity. For the reasons discussed below, we reverse the superior court's grant of summary judgment and remand the case for further proceedings.<br> <... More...

$0 (09-10-2008 - AZ)
April Redding v. Safford Unified School District #1, et al.

On the basis of an uncorroborated tip from the culpable eighth grader, public middle school officials searched futilely for prescription-strength ibuprofen by strip-searching thirteenyear- old honor student Savana Redding. We conclude that the school officials violated Savana's Fourth Amendment right to be free from unreasonable search and seizure. The strip search of Savana was neither "justified... More...

$0 (07-11-2008 - AZ)
Roger and Doreene Watson v. Apache County

1 Roger and Doreene Watson appeal the trial court's summary judgment in favor of Apache County on their claim for negligent misrepresentation. The Watsons challenge the court's rulings that the County is entitled to qualified immunity and that they failed to present or identify facts or an expert witness to establish gross negligence. For the following reasons, we conclude that the County is not e... More...

$0 (05-11-2008 - AZ)
Ronald Dible v. City of Chandler

Ronald and Megan Dible appeal from the district court's grant of summary judgment against them in their action against the City of Chandler, Arizona, the Chandler Police Department, and the Chandler Police Chief Bobby Joe Harris (collectively the City). Principally, the Dibles assert that Ronald Dible was a police officer whose rights under the First Amendment to the United States Constituti... More...

$0 (02-05-2008 - AZ)
Vickie Greenwood v. The State of Arizona and Sheriff Joe Arpaio

<P> 1 Vickie Greenwood, as surviving parent of Amanda McCormick, and Jonny Speer (collectively "Plaintiffs") appeal the trial court's grant of summary judgment in favor of the State of Arizona and Maricopa County Sheriff Joe Arpaio (collectively "Defendants") on Plaintiffs' negligence claim. For the following reasons, we affirm. <P> FACTS AND PROCEDURAL HISTORY1 <P> 2 On January 5, 2003, whil... More...

$0 (01-28-2008 - AZ)
Burlington Northern & Santa Fe Railway Company v. Charles Vaughn, Chairman of the Hualapai Indian Tribe, et al.

<P> The Burlington Northern & Santa Fe Railway Company (BNSF) brought suit against two officials of the Hualapai Indian Tribe, Charles Vaughn and Wanda Easter (the tribal officials), seeking declaratory and injunctive relief against their efforts to enforce or collect the Hualapai Tribe's possessory interest tax against BNSF for use of the railroad's rightof- way through the reservation. Th... More...

$0 (12-09-2007 - AZ)
<a href="http://www.supreme.state.az.us/opin/pdf2007/CV060358PR.pdf" target="_new">Klay Kohl, Sr., et al. v. City of Phoenix</a>

<P> 1 The issue in this case is whether the City of Phoenix is immune under Arizona Revised Statutes ("A.R.S.") § 12-820.01 (1992) from liability for its decision not to install a traffic signal at an intersection where the petitioners' son was killed by an automobile. <P>I <P> 2 On December 20, 1996, thirteen-year-old Klay Kohl was struck and killed by a car while crossing the intersection a... More...

$0 (08-09-2007 - AZ)