Immunity Law
 
James Wilcox v. Andrew Magill

This civil rights action brought under 42 U.S.C. § 1983 seeks to impose liability on state officials for acting on a writ of execution that was later modified by the issuing court. The district court granted defendants’ motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), and exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

Jim and Kelly Wilcox operated a horse

More...   $0 (03-14-2012 - WY)

Shannon McComas v. Edward Brickley

The plaintiff-appellee, Shannon McComas, was arrested by the defendant-appellant, Edward Brickley, for murder and for assisting a criminal in the state of Indiana. State prosecutors formally charged McComas only with assisting a criminal and false informing. These charges were later dropped. McComas then brought suit in federal court against Brickley for false arrest under 42 U.S.C. § 1983. Brick

More...   $0 (03-13-2012 - IN)

Healthcare Staffing Solutions, Inc. v. Helen Wilkinson

Appellant seeks review of a final judgment in favor of University Medical Center, Inc. (UMC), in a contribution and equitable subrogation action arising out of a settled medical malpractice case. Appellant argues, and we agree, that the trial court erred in calculating Appellant’s pro rata share of the entire liability for the underlying malpractice claim based on the potential value of the clai

More...   $0 (03-12-2012 - FL)

Katherine Denucci v. J. Henningsen

2 Plaintiff brought a civil action against Washington County Deputy Sheriff
3 Henningsen and Washington County, asserting that Henningsen had arrested her without
4 probable cause. Plaintiff's claim against defendant Henningsen, brought pursuant to 42
5 USC section 1983, was that he violated her Fourth Amendment right to be free from
6 unreasonable seizures. Plaintiff's claim again

More...   $0 (02-08-2012 - OR)

Antonio Cortez v. NACCO Materials Handling Group, Inc.

2 Plaintiff appeals from a limited judgment dismissing with prejudice all of
his claims against defendant Swanson Group, Inc.1 3 The trial court granted defendant's
4 motion for summary judgment on the ground that defendant is exempt from liability
5 under the exclusive remedy provision, ORS 656.018, of the workers' compensation law.
6 According to plaintiff, the exclusive remedy p

More...   $0 (02-29-2012 - OR)

C.A. v. William S. Hart Union High School District

C.A., a minor, sued his public high school guidance counselor and the school district for damages arising out of sexual harassment and abuse by the counselor. The trial court sustained the school district’s demurrer, and the Court of Appeal affirmed. On review, the question presented is whether the district may be found vicariously liable for the acts of its employees (Gov. Code, § 815.2)1—no

More...   $0 (03-08-2012 - CA)

Texas Department of Public Safety v Rachel Deakyne

Rachel Deakyne was injured in an automobile accident involving a patrol car driven by Texas Department of Public Safety (DPS) Trooper Kavin Edwards. Deakyne sued Edwards and DPS for negligence. The trial court granted DPS’s motion to dismiss Edwards but denied DPS’s motion to dismiss Deakyne’s suit against DPS. In its sole issue on appeal, DPS argues the election of remedies statute bars Dea

More...   $0 (03-09-2012 - TX)

Christopher John Savoie v. Judge James G. Martin, III

This case arises out of a custody dispute. Christopher John Savoie, M.D., brought this suit on behalf of himself and his minor children against James G. Martin, III, in his individual and official capacity as both a mediator and a judge for the Twenty-First Judicial District in Tennessee; and Stites & Harbison, PLLC, the law firm that employed Martin when he worked as a courtappointed mediator in

More...   $0 (03-08-2012 - TN)

Rick Bjorklund v. Randi Miller

Rick Bjorklund brought this civil rights suit pursuant to 42 U.S.C. § 1983 against four public officials associated with his former employer, the Tulsa County Public Facilities Authority (“TCPFA”). In his complaint, he charged that the officials had terminated his employment and deprived him of a liberty interest in his reputation and good name without affording him due process of law. The de

More...   $0 (03-07-2012 - OK)

Material Service Corporation v. Rogers County Commissioners

¶1 Plaintiff/Appellant, Material Service Corp., appeals from the trial court's grant of summary judgment in favor of Defendant/Appellee, Board of County Commissioners of Rogers County, in Plaintiff's action for intentional interference with a contract, intentional interference with a prospective business and unconstitutional taking of property (inverse condemnation). For the reasons set forth bel

More...   $0 (03-29-2006 - OK)

City of Lake Forest v. Evergreen Holistic Collective

The trial court granted the City of Lake Forest‟s (the City‟s) request in this nuisance abatement proceeding for a preliminary injunction shutting down Evergreen Holistic Collective‟s (Evergreen‟s) medical marijuana dispensary based on a citywide ban against dispensaries. The trial court determined the City‟s decision not to recognize dispensaries as a permitted property use, and to proh

More...   $0 (02-29-2012 - CA)

Paula Ann Milligan v. United States of Amierica

Judge. Plaintiffs Paula and Harold Milligan appeal the orders of the district court granting the United States’s motion to dismiss for lack of subject matter jurisdiction and Sinclair Broadcasting’s motion for summary judgment. We AFFIRM the judgment of the district court.

I. BACKGROUND

In October 2006, law enforcement officials across twenty-four states conducted Operation F

More...   $0 (03-05-2012 - TN)

Michael McDaniel v. The Town of Double Oak

The primary issue we address in this appeal is whether the trial court erred by determining that it did not possess jurisdiction over three claims asserted by Appellant Michael McDaniel against the Town of Double Oak (the Town). Because we hold that the trial court possesses jurisdiction over McDaniel‘s claims, we reverse the trial court‘s order dismissing McDaniel‘s claims for want of juris

More...   $0 (02-29-2012 - TX)

Town of Flower Mound, Texas v. Rembert Enterprises, Inc.

After considering Appellants‘ motion for rehearing, we deny the motion but withdraw our prior opinion and judgment of December 8, 2011, and substitute the following.

In this interlocutory appeal, Appellants Town of Flower Mound, Texas; Harlan Jefferson, Town Manager; and Charles Springer, Assistant Town Manager/Chief Financial Officer (collectively, Appellants) challenge the trial court

More...   $0 (03-01-2012 - TX)

Daniela Javier v. City of Milwaukee

Alfonzo Glover, an off-duty Milwaukee police officer, fired nineteen shots at Wilbert Javier Prado in a late-night encounter that began when Prado tailgated Glover as he was driving home after his 4 p.m.-to-midnight shift. Eight of the shots hit Prado; he died at the scene. Glover was placed on desk duty. At an inquest hearing, Glover testified that Prado tailed him, tried to run him over, and br

More...   $0 (03-03-2012 - IL)

Cornel J. Rosario v. Daniel R. Brawn

In May 2008, Washington County Sheriff deputies responded to a call indicating that Marc Rosario had left the home he shared with his parents, and that he was possibly a danger to himself and others. The responding officers located Marc and eventually determined that he should be involuntarily committed pursuant to Wis. Stat. § 51.15. During Marc’s initial evaluation at a nearby hospital, the o

More...   $0 (03-01-2012 - WS)

Catherynne Kendrick v. Lavonda Donavion

Arkansas inmate Catherynne Whtyefawn Kendrick appeals following the district court’s disposition of her claims against Sergeant Lavonda K. Donavion, the sole remaining defendant in this 42 U.S.C § 1983 action. Upon careful review, we conclude that Kendrick administratively exhausted her constitutional claims arising from the confiscation of her Catholic Bible, rosary beads, and other religious

More...   $0 (03-01-2012 - AR)

Nathson Fields v. Larry Wharrie and David Kelley

Nathson Fields was wrongly convicted of two murders. Twenty-five years after his ordeal began, he was exonerated, and he presently seeks money damages from those state officials he holds responsible for his conviction. Among others, he names Cook County, Illinois Assistant States Attorneys (“ASA”) Larry Wharrie and David Kelley, alleging that they induced false testimony during his trial and s

More...   $0 (02-28-2012 - MN)

Donna Morris v. Jamie Noe

Plaintiff Donna Morris brought this § 1983 action for unlawful arrest and excessive force on behalf of her deceased husband, William Morris III, against Defendants, Officer Jaime Noe and the City of Sapulpa, Oklahoma. She alleges Defendants violated her husband’s clearly established rights when Noe forceably arrested him and caused him injury. Defendant Noe moved for summary judgment based on q

More...   $0 (02-27-2012 - CO)

Jimmie Louise Gray v. University of Colorado Hospital Authority

Decedent Charles Gray sought treatment for epilepsy at Defendant University of Colorado Hospital. In the course of his withdrawal from medication, hospital staff left decedent unattended and he died after suffering a seizure. Plaintiffs, decedent’s estate and family members, filed this civil rights suit pursuant to 42 U.S.C. § 1983. In their complaint, Plaintiffs alleged among other things, tha

More...   $0 (02-27-2012 - CO)

Martha Hoyt v. Bernard Cooks

In May 2007, Bacon County Deputy Bernard Cooks and Alma Police Officer Randy Harkleroad repeatedly used their Tasers in an attempt to subdue and arrest a struggling James Christopher Allen (“Allen”), who died shortly thereafter while being transported to jail. In May 2009, Martha Hoyt and James Allen (“Plaintiffs”) brought suit individually and on behalf of Allen’s estate. Plaintiffs sue

More...   $0 (02-27-2012 - GA)

Phyllis Nairn v. Killeen Independent School District

Appellant Phyllis Nairn (hereinafter “Appellant” or “Nairn”) brought a whistleblower suit against Killeen Independent School District (“KISD” or “the District”) claiming that KISD demoted her from her position as Special Education Coordinator to teacher, and ultimately did not renew her term contract with the District. Subsequently, on July 3, 2008, she amended her petition to inc

More...   $0 (02-23-2012 - TX)

Shaun L. Christensen v. Park City Municipal Corporation

Shaun L. Christensen brought a 42 U.S.C. § 1983 civil rights action alleging his constitutional rights were violated when he was arrested for displaying and selling his artwork in violation of two Park City, Utah ordinances that prohibited unlicensed outdoor business activity on public property. The district court dismissed Mr. Christensen’s Fourteenth Amendment Equal Protection clause claim as

More...   $0 (02-21-2012 - UT)

Lic Canot v. City of Easton

Lic and Kemely Canot (Canots) appeal from an order of the Court of Common Pleas of Northampton County (trial court), dated March 10, 2011. The trial court granted the City of Easton’s (City) motion for summary judgment and denied the Canots’ motion for partial summary judgment, determining that the City was entitled to immunity from civil liability pursuant to the exclusivity provisions of the

More...   $0 (02-09-2012 - PA)

Kenneth L. Hill v. Bruce Smith, M.D.

This appeal arises from appellant’s suit against appellees for alleged denial of medical treatment. The trial court granted appellees’ motion to dismiss on the ground that appellant failed to exhaust his administrative remedies. In three issues appellant contends the trial court (1) abused its discretion in dismissing his suit for failure to state a claim, (2) violated the federal supremacy cl

More...   $0 (02-16-2012 - TX)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher