Farmers Insurance Exchange v. Juan Rodriguez |
Appellee Juan Rodriguez was injured while helping his neighbor Michael Woodling remove a deer stand from Woodling‘s trailer. Rodriguez sued Woodling for negligence and, in the same case, Rodriguez‘s automobile insurer, appellant Allstate County Mutual Insurance Company, seeking coverage under an uninsured/underinsured motorist (UIM) policy. Rodriguez later amended his petition to add Woodling $0 (02-16-2012 - TX) |
South Texas College v. Curtis Roberson |
This appeal involves the trial court’s denial of a plea to the jurisdiction alleging lack of subject-matter jurisdiction over appellee Curtis Roberson’s lawsuit against appellant South Texas College (―STC‖) for breach of contract, wrongful termination, and breach of fiduciary duty. We reverse and render in part and reverse and remand in part. |
Dallas County, Texas v. Crestview Corners Car Wash |
Dallas County condemned a portion of appellees' See Footnote 1 property for the purpose of widening Trinity Mills Road in Carrollton. Following a jury trial, the trial court rendered judgment and awarded the County a permanent easement and street right-of-way over a portion of Crestview's real property. It also awarded Crestview the stipulated value of the portion taken, plus damages to the re $0 (02-16-2012 - TX) |
City of Fort Worth, Texas v. Harmit Chaqttha |
Appellant City of Fort Worth appeals the trial court’s order denying its plea to the jurisdiction. We reverse and remand. |
Jeremy C. Myers v. Brian Koopman |
Plaintiff Jeremy C. Myers brought suit for malicious prosecution against Officer Bryan Koopman under 42 U.S.C. § 1983 in the United States District Court for the District of Colorado. Koopman moved to dismiss on various grounds, including absolute immunity, but the district court denied the motion. On appeal he renews his claim of absolute immunity. We affirm because his alleged misconduct was no $0 (02-14-2012 - CO) |
William J. Hunt v. County of Orange |
The day after his scandal-ridden third election to the position of Orange County Sheriff-Coroner, Michael Carona placed on administrative leave William Hunt, a former lieutenant officer with the Orange County Sheriff’s Department (OCSD), who had dared to enter the race and campaign against Carona’s alleged culture of corruption. Carona then demoted Hunt, an action that prompted Hunt to file th $0 (02-13-2012 - CA) |
Dulce Delgado v. Pawtucket Police Department |
This is a state law tort action over which the district court retained supplemental jurisdiction after dismissing the plaintiffs' federal claims. The matter went to trial, but at the close of the plaintiffs' case in chief, the district court granted a defense motion for judgment as a matter of law. See Fed. R. Civ. P. 50(a)(1). The plaintiffs appeal, protesting the court's exercise of supplemental $0 (02-09-2012 - RI) |
R. Scott Phelan v. H. Scott Norville |
Plaintiff–Appellant Scott Phelan was a tenure-track professor at Texas Tech University who was given a non-reappointment notice and a terminal contract before achieving tenure. He sued Texas Tech and separately sued several Texas Tech employees in Texas state courts, and his suit against the employees was removed to federal court after he added federal claims. On appeal, he alleges that the defe $0 (02-10-2012 - TX) |
Wydrick Phillips v. Jimenez Allen |
Ruby Graham cashed some checks at a currency exchange and with $5,000 in her purse drove to the public library in Bellwood, Illinois. She was accompanied by her mother, Elizabeth Graham. Just as Ruby stepped through the library’s door, her purse was grabbed from behind. Ruby turned and struggled with the snatcher. Elizabeth saw what was happening, yelled “no, no, not my baby,” and ran to giv $0 (02-10-2012 - IL) |
Steven C. Thorne v. Laura L. Raccina |
Steven C. Thorne and Laura L. Raccina entered into a stipulated marital dissolution judgment in 1999 under which Laura1 agreed to accept 16 percent of Steven‟s military retired pay starting in 2008 based on his rank and pay level at the time of the judgment. In 2010, Laura sought to set aside the judgment because she learned that courts apply the “time rule”2 for apportioning a pension‟s c $0 (02-10-2012 - CA) |
Rahinah Ibrahim v. Department of Homeland Security |
Plaintiff Rahinah Ibrahim is a citizen of Malaysia and mother of four children. She was legally in the United States from 2001 to 2005 as a Ph.D. student at Stanford University. |
Thomas Hayden Barnes v. Ronald M. Zaccari |
In 2007, in the wake of the massacre at Virginia Tech, Ronald Zaccari, the President of Valdosta State University at the time, “administratively withdrew” (expelled) Thomas Hayden Barnes, a student, on the ground that Barnes presented a “clear and present danger” to the campus. Barnes sued Zaccari in federal court, claiming that under the Due Process Clause he was due notice of the charges $0 (02-07-2012 - GA) |
Marcia Walden v. Centers for Disease Control and Prevention |
Marcia Walden brought this action against Computer Sciences Corporation (“CSC”), the Centers for Disease Control and Prevention (“CDC”), and two CDC employees, Dr. Casey Chosewood and Christie Zerbe. Ms. Walden alleged that all defendants violated her free exercise rights under the First Amendment and the Religious Freedom Restoration Act of 1993 (“RFRA”), 42 U.S.C. § 2000bb et seq. S $0 (02-07-2012 - GA) |
Michael Marcavage v. National Park Service |
Michael Marcavage brought an action under 42 U.S.C. § 1983 against the National Park Service, the United States Department of the Interior, and Park Service Rangers Alan Saperstein and Ian Crane, alleging violations of his rights under the First Amendment, the Fourth Amendment, and the Equal Protection Clause. The District Court granted the defendants’ motion to dismiss, and we will affirm. |
Richard C. Beals v. United States Department of Justice |
Richard Beals appeals the district court’s dismissal of his tort claims against the United States government. We have jurisdiction under 28 U.S.C. § 1291, and we construe Beals’s filings liberally because he is proceeding pro se. See Hall v. Bellmon, 935 F.2d 1106, 1110 & n.3 (10th Cir. 1991). Because the |
The City of Houston v. Gregory Sauceda |
In this interlocutory appeal, the City of Houston appeals from the trial court’s order denying its plea to the jurisdiction on the personal injury claims of appellee, Gregory Sauceda. We affirm. |
Joystene Moore v. Michelle Miller |
In this interlocutory appeal, appellant, Joystene Moore, complains about the trial court’s denial of her plea to the jurisdiction. In two issues, Moore contends that the trial court should have granted her plea to the jurisdiction because appellee, Michelle Miller, as next friend for Stacie Woodberry, failed to exhaust her administrative remedies and because Moore, a professional employee of a s $0 (01-31-2012 - TX) |
Rebecca Luchak, R.N. v. Bobby McAdams |
Bobby McAdams1 sued several parties, including three nurses, Rebecca Luchak, Cynthia Hunter, and Hattie Johnson, in two separate cases regarding the death of McAdams’ daughter, Tina.2 The nurses filed a motion pursuant to section 101.106(f) of the Civil Practice and Remedies Code contending they were employees of a governmental unit and that the suit against the nurses must be dismissed.3 The tr $0 (02-02-2012 - TX) |
Anthony P. Sauer v. United States Department of Education |
The California Department of Rehabilitation (DOR) and the United States Department of Education appeal from the district court’s decision enforcing a 2008 arbitration award issued pursuant to 20 U.S.C. § 107d-1(a) of the Randolph- Sheppard Vending Stand Act (the Act). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse. |
Nicole Howell v. Bob Sanders |
Nicole Howell appeals the district court’s grant of summary judgment in favor of Rob Sanders on the basis of absolute and qualified prosecutorial immunity. Sanders is the Kentucky Commonwealth’s Attorney for the Sixteenth Judicial District in Kentucky. Howell, a high school teacher, sued Sanders after a jury acquitted her of criminal charges brought by Sanders’s office relating to alleged se $0 (02-02-2012 - KY) |
Jesus Gonzalez v. Village of West Milwaukee |
Jesus Gonzalez was active in Wisconsin’s “open carry” movement, which advocates for the right to carry unconcealed firearms in public. On two occasions in 2008 and 2009, he openly carried a holstered handgun into retail stores in the Village of West Milwaukee and the City of Chilton, Wisconsin. On each occasion he was arrested for disorderly conduct and his gun was confiscated. He was not pr $0 (02-02-2012 - WI) |
Bryan J. Brown v. Elizabeth Bowman |
This case involves the scope of the Rooker-Feldman doctrine and whether the district court properly applied that doctrine to appellant’s 42 U.S.C. § 1983 claims. In April 2007, appellant Bryan Brown applied for admission to the Indiana Bar. As part of his application process, the Indiana Board of Law Examiners (BLE) requested that Brown attend hearings to investigate his application and also re $0 (02-02-2012 - IN) |
Fair Housing Council of San Fernando Valley v. Roomate.com, LLC |
There’s no place like home. In the privacy of your own home, you can take off your coat, kick off your shoes, let your guard down and be completely yourself. While we usually share our homes only with friends and family, sometimes we need to take in a stranger to help pay the rent. When that happens, can the government limit whom we choose? Specifically, do the anti-discrimination provisions of $0 (02-02-2012 - CA) |
Amber Parker v. Franklin County Community School Corporation |
A packed gymnasium, cheerleaders rallying the fans, the crowd on their feet supporting their team, and the pep band playing the school song: these are all things you might expect to see at an Indiana high school basketball game on a Friday night. The crowd becomes part of the game; they provide motivation, support, and encouragement to the players. After all, what would a spectator sport be withou $0 (01-31-2012 - IN) |
Janice L. Schrader v. William Richardson a/k/a Bill Richardson |
Appellant Janice L. Schrader, a pro se litigant, appeals the district court’s grant of summary judgment against her on claims she brought pursuant to 42 U.S.C. § 1983 and the New Mexico Tort Claims Act. Schrader also seeks leave to proceed in forma pauperis (“IFP”). We have jurisdiction under 28 U.S.C. § 1291, and we deny her request to proceed IFP and affirm the district court’s decisio $0 (01-31-2012 - NM) |
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