This is an appeal from the trial court's final judgment dismissing with prejudice Gregory Strange's lawsuit against several individuals, a corporation and a law firm. Strange sued Shane Allen, Pablo Fonolla, and Maan Hamdan, in their individual capacities and each in their capacity as an officer of HRsmart, Inc. In addition, Strange sued Jason Bloom, David Harper, and Michelle Jacobs, who were att

The defendants, the town of Darien (town) and Michael Cotta, appeal from the judgment of the trial court rendered in favor of the plaintiffs, Mieczyslaw Wisniewski and Jolanta Wisniewski, after a jury trial in this personal injury action.1 On appeal, the defendants claim that the court (1) improperly refused to direct the verdicts in their favor as a matter of law and (2) improperly refused to set

Russell W. Chavez is a member of the Navajo Nation, a federally recognized Indian Tribe. He filed in federal district court a pro se 42 U.S.C. § 1983 civil rights complaint against the Navajo Nation and various Tribal officials. Defendants moved to dismiss the case for failure to state a claim under Fed. R. Civ. P. 12(b)(6).

The district court dismissed the case for lack of jurisdiction. T

Amber Shelton, as the administratrix of Brenda Shelton's estate, appeals the district court's1 dismissal of her civil action against several public officials and health professionals. The complaint alleges shortcomings in the way medical professionals at a state mental health facility responded after Brenda hanged herself while a patient at the facility. The complaint alleges state law tort claims

In this interlocutory appeal, a school district challenges a trial court’s order denying the school district’s plea to the jurisdiction in an action brought by a former employee against the school district for retaliation under the Texas Whistleblower Act.

We conclude that because the former employee failed to allege elements of the claim, the trial court lacked subject-matter jurisdict

Appellants Michael Easton and Dawn Whatley, individually and as executrix of the estate of Perry Lee Whatley, present this appeal from two orders dismissing their fraud claims against individually named attorneys and their respective law firms. The attorney-defendants—David Cabrales, Rachel Stinson, and Locke Lord Bissell & Liddell, LLP (the “Locke Lord attorneys”), and Shawn Phelan and Tho

Edward Marcus was injured during a softball game on a public field owned by the city of Newton (city). We consider the city's appeal, [FN1] which we transferred from the Appeals Court on our own motion, from the denial of its motion for summary judgment, based on the ground that it was immune from suit pursuant to the recreational use statute, G.L. c. 21, § 17C. The city argues that the judge err

Defendant Andrew Hale appeals the district court’s1 denial of qualified immunity on an excessive-force claim in Wesley Hemphill’s 42 U.S.C. § 1983 action. For the reasons that follow, we affirm.

Hemphill filed a complaint naming five defendants, including Officer Hale, and alleging that on August 19, 2009, while he was at a gas station, officers surrounded his car and pointed a gun at

About one and one-half hours after a sheriff's deputy told an

intoxicated Duane Weaver not to walk in the street, or to at least walk facing traffic, a

drunk driver struck Mr. Weaver. He died 17 months later from his injuries. Mr.

Weaver's estate (the Estate) sued Spokane County for negligence, claiming that the

deputy's failure to take Mr. Weaver into pro

The Illinois eavesdropping statute makes it a felony to audio record “all or any part of any conversation” unless all parties to the conversation give their consent. 720 ILL. COMP. STAT. 5/14-2(a)(1). The statute covers any oral communication regardless of whether the communication was intended to be private.

Id. 5/14-1(d). The offense is normally a class 4 felony but is elevated t

Defendant Charles “Pete” Caw (“Caw”), Assistant Chief of Police in the City of Mountlake Terrace Police Department, appeals from the denial of qualified immunity in Plaintiff Martha Karl’s (“Karl”) 42 U.S.C. § 1983 action alleging First Amendment retaliation. The district court held it was clearly established in December 2008 that a supervisor cannot retaliate against a public emplo

Plaintiff Deana Martin (formerly Collis), appeals from the district court’s order dismissing her 42 U.S.C. § 1983 civil rights action against the defendants, both Barton County (Kansas) Attorneys. The district court ruled that, based on the facts alleged in plaintiff’s complaint, defendants are entitled to absolute prosecutorial immunity. We affirm.

BACKGROUND

Plaintiff’s daug

After attending a baseball game at Blossom Hill Park in Los Gatos, plaintiff Sara Cole returned to her vehicle, which she had parked between the north edge of the park and Blossom Hill Road. While standing near the back of her vehicle she was hit by a car driven by defendant Lucio Rodriguez, who would eventually plead guilty to driving while intoxicated. Plaintiff brought suit against Rodriguez an

On original submission of this interlocutory appeal, our court (1) affirmed the trial court’s order denying the motion to dismiss filed by appellant Kachikwu Illoh, M.D., and (2) determined we lacked jurisdiction to consider the trial court’s denial of Dr. Illoh’s plea to the jurisdiction. Illoh v. Carroll, 321 S.W.3d 711 (Tex. App.—Houston [14th Dist.] 2010), rev’d, 351 S.W.3d 862 (Tex.

This is an interlocutory appeal from the trial court’s denial, in part, of the City of Abilene’s plea to the jurisdiction. Victoria Carter, appellee, brought tort claims as well as consti-tutional claims against the City to recover for water damage done to her property. She also sued to recover payments she made for water bills incurred during the time that water was leaking at her property.

Catherine Scott-Nixon was admitted into a graduate program at the University of Texas at Arlington (the "University") and applied for a tuition exemption found in the education code. See Tex. Educ. Code Ann. § 54.203 (West Supp. 2011). The University denied her the exemption because it determined that the exemption does not apply to courses in the graduate program that admitted her. After being d

Plaintiff-appellants (“Plaintiffs”), a group of foster children in Clark County, Nevada, appeal the dismissal of their complaint pursuant to Federal Rule of Civil Procedure 12(b)(6).1 For the reasons that follow, we reverse the dismissal of Counts One, Two, Three, Eight, and Eleven; affirm the dismissal of counts Nine and Ten; and remand for further proceedings.

I. BACKGROUND

Pla

Joan Burke brought this action under 42 U.S.C. § 1983 against Deputy Curtis Sullivan, Deputy Andrea Nack, and Corporal Robert Bell (collectively, officers) of the St. Charles County (Missouri) Sheriff’s Department, claiming the officers unlawfully entered her home and detained her in violation of the Fourth and Fourteenth Amendments. The district court granted summary 1 judgment in favor of the

Justin Shekleton brought an action pursuant to 42 U.S.C. § 1983 against Ryan Eichenberger, individually and in his capacity as a Chickasaw County, Iowa Sheriff’s Department Deputy alleging Deputy Eichenberger violated Shekleton’s Fourth Amendment right to be free from excessive force by unnecessarily tasering Shekleton. Deputy Eichenberger appeals the district court’s1 denial of his motion

As part of a narcotics investigation, Owatonna police arranged for an undercover officer to make a payment to Mario Molina Campos for drugs supplied to an informant. The transaction did not go as planned, however. Molina Campos attempted to drive away, dragging along the undercover officer, and rammed an unmarked police vehicle blocking his path. At that point Sergeant Joel Welinski shot Molina Ca

Terry J. Harrington and Curtis W. McGhee, Jr. (collectively, appellees) sued various defendants, including police officers Daniel C. Larsen and Lyle W. Brown (officers), under 42 U.S.C. §§ 1983 and 1985 and state law. The appellees claimed the defendants violated the appellees’ rights during the Iowa state investigation and prosecution of the appellees for murder. The officers moved for summar

Tamara Phillips contends that police officers used excessive force in arresting her when they shot her four times in the leg with an SL6 baton launcher after she disregarded their orders to come out of her car. Phillips’s case was tried to a jury, which returned a verdict in the officers’ favor. Phillips appeals, contending that the district court erroneously denied her post-verdict motion for

Defendant-Appellant Chris Crider, the mayor of the City of Milan, appeals the district court’s denial of qualified immunity. Because Crider prohibited one of his employees from speaking about matters of public concern, in violation of the employee’s clearly established First Amendment rights, we AFFIRM the denial of qualified immunity.

I.

Plaintiff-Appellee Lindsey Whitney has be

judgment to defendants on Mr. Newton’s due process claim regarding the suspension of his employment. Newton v. Utah Nat’l Guard, 688 F. Supp. 2d 1290, 1308-09 (D. Utah 2010). It denied summary judgment on Mr. Newton’s due process claim regarding the withdrawal of his ATCS certificate, holding this claim is not barred by qualified immunity, id. at 1305-07, or by intramilitary immunity under t

David L. Lewis is a former parttime police officer for the Village of Belgium, Illinois— a town of just over 400 people. On January 6, 2010, Lewis filed a one-count Amended Complaint arising under 42 U.S.C. §§ 1983 and 1988 against four defendants who allegedly participated in a conspiracy to prosecute him for various sexual offenses to retaliate against him for cooperating with an FBI investi