In this civil rights case, Officer Stephan Smith of the City of Palm Bay Police Department appeals the district court’s denial of his motion for summary judgment on the basis of qualified immunity. Tragically, Smith used lethal force against Aaron Zylstra in a fast-paced, unfolding scenario in the early morning hours of June 8, 2007, after Zylstra failed to follow Smith’s commands and attempte

In its graduate-level counseling-degree program, Eastern Michigan University prohibits students from discriminating against others based on sexual orientation and teaches students to affirm a client’s values during counseling sessions. In three years with the program, Julea Ward frequently expressed a conviction that her faith (Christianity) prevented her from affirming a client’s same-sex rel

Plaintiff-Appellant AE, a minor, was sexually assaulted by his seventeen-year-old foster brother (Foster Brother) while living in a foster family home in Tulare County, California. AE contends that the County of Tulare (County) and its employee social workers (collectively, Defendants), failed to intervene prior to his sexual assault, despite their knowledge of the escalating threats and violence

Appellant Rick Strandlof was charged under the Stolen Valor Act, 18 U.S.C. § 704(b), which makes it illegal to falsely claim to have received a military award or honor. We must decide whether the Act is constitutional. Answering this question requires us to determine whether, and to what extent, the First Amendment prohibits Congress from punishing knowingly false statements of fact.

Reaso

Metropolitan Transit Authority (Metro) appeals from the trial court’s denial of its plea to the jurisdiction pursuant to section 101.106(b) of the Texas Tort Claims Act. In a single issue, Metro contends that the trial court erred in denying its plea. We affirm.

Background

Wesley Wayne Light brought this personal injury action against Metro and its employee, Henry Lopez,

Metropolitan Transit Authority of Harris County (“Metro”) appeals the trial court’s interlocutory order denying its plea to the jurisdiction.[1] In its sole issue, Metro contends that the trial court erred in denying its plea because it has immunity pursuant to subsection (b) of the election-of-remedies provision of the Texas Tort Claims Act.[2]

We affirm.

Background

Petitioners Darin Ryburn and Edmundo Zepeda, along with two other officers from the Burbank Police Department, responded to a call from Bellarmine-Jefferson High School in Burbank, California. When the officers arrived at the school, the principal informed them that a stu-dent, Vincent Huff, was rumored to have written a letter threatening to “shoot up” the school. App. to Pet. for Cert.

Public officials using the power of their perches to wring money and favors from those they are supposed to serve is a problem as old as government itself. But the problem hardly persists for a lack of effort to eradicate it. Cicero tried to expunge extortion from the public arena when he prosecuted the plundering Roman governor Gaius Verres, and we do much the same today when we prosecute plunder

Curtis Sherrod filed this action against the defendants pursuant to 42 U.S.C. § 1983 claiming that he was terminated as a teacher and employee of the Palm Beach County School District in retaliation for exercising his First Amendment rights. At all relevant times, Arthur Johnson was Superintendent of Schools, and Gloria Crutchfield served as Principal of Roosevelt Middle School where Sherrod was

The plaintiff Joanne Avoletta brought this action as parent and next friend of the plaintiffs Peter J. Avoletta and Matthew Avoletta, her minor sons, and on her own behalf, seeking damages and injunctive relief against the municipal defendants, the city of Torrington (city) and the Torrington board of education (board of education), and seven individually named defendants1 in their individual capa

¶1 Linda Sue Edelen, Administrator of the Estate of Dustin H. Edelen (Administrator) appeals the dismissal of her petition as to the Board of County Commissioners of Bryan County and Bryan County Sheriff Bill Sturch.1 Administrator's decedent, Dustin H. Edelen (Edelen), sued the Commissioners, the Sheriff and the Oklahoma Department of Corrections for injuries Edelen received while incarcerated i

�1 Appellant Gilbert Ray Postelle was tried by jury and convicted in the District Court of Oklahoma County, Case No. CF-2005-4759, of four counts of First Degree Murder (Counts 1-4), in violation of 21 O.S.Supp.2004, � 701.7, and one count of Conspiracy to Commit a Felony (Count 5), in violation of 21 O.S.2001 � 421.1 The jury imposed the death penalty on Counts 1 and 4 after finding that Po

This is a FMLA employee-discharge case arising from confusion as to when an employee should return to work after his leave. The defendant, American Standard, Inc., appeals the district court’s grant of partial summary judgment in favor of the plaintiff, Carl Thom, Jr., on his claim that American Standard interfered with his rights under 29 U.S.C. § 2612(a)(1)(D) of the Family and Medical Leave

After a car accident, Shai Tsaig and Sami Perez sued the City of Houston and its employee, James White, alleging that White negligently caused the accident. Tsaig and Perez dismissed White after the City moved to dismiss him under the Texas Tort Claims Act’s election-of-remedies provision. The City then filed a plea to the jurisdiction, claiming that Tsaig’s and Perez’s filing suit against

This is a medical malpractice case. Appellant advances several arguments on appeal, but the only issue that we must address is whether the trial court erred in granting the appellee hospital’s request to dismiss appellant’s lawsuit based on charitable immunity in the absence of any evidence of the hospital’s current qualifications for charitable-immunity status. We hold that the trial court

This case stems from Dr. John F. Noak’s dismissal as the medical director for Prison Health Services, Inc. (PHS), which provided medical services for the Idaho Department of Correction (IDOC) under a contract. Noak appeals from the district court’s grant of summary judgment in favor of IDOC and Richard D. Haas, an IDOC employee, on claims of breach of an implied covenant of good faith, intenti

West Florida Regional Medical Center, Inc. (―West Florida Hospital‖) seeks review of the decision of the First District Court of Appeal in West Florida Regional Medical Center, Inc. v. See, 18 So. 3d 676 (Fla. 1st DCA 2009), asserting that it expressly and directly conflicts with a decision of the Fourth District Court of Appeal in Tenet Healthsystem Hospitals, Inc. v. Taitel, 855 So. 2d 1257

The trial court granted appellees David Pankratz’s and Union Carbide Corporation’s (Union Carbide) joint motion for summary judgment in a work-related negligence action brought against them by appellant Jesus R. Salinas. The trial court also sustained Pankratz’s and Union Carbide’s special exceptions to Salinas’s fourth amended petition and ordered dismissal of Salinas’s constitutional

This appeal considers whether clearly established federal law prohibits police officers from allowing a police dog to conduct a five- to seven-minute attack against a person who ran from his car after a traffic stop, where he is lying face down with his hands exposed, no longer resisting arrest, and repeatedly pleading with the officers to call off the dog because he surrenders. We conclude that c

Tracey L. Barber appeals pro se from the January 10, 2011, order of the Court of Common Pleas of Allegheny County (trial court), which sustained the preliminary objections of the various defendants and dismissed the complaint filed by Barber with prejudice. We affirm.

In December 2008, Barber filed a complaint with the trial court at GD 08-026638 against Cendant Mortgage, PHH Mortgage Servi

The question presented in this appeal is whether the Eleventh Amendment protects New Mexico from a suit for money damages under Title II of the Americans With Disabilities Act (ADA), 42 U.S.C. §§ 12131–65. We conclude it does. New Mexico has state sovereign immunity from a claim that it violated the ADA when it revoked the medical license of a physician whose practice the state claimed constit

Dale Hayden appeals the district court’s1 dismissal of his 42 U.S.C. § 1983 claims against Nevada County, Arkansas, and its Sheriff, Abb Mormon. Assuming as true the facts alleged by Hayden, the issue is whether Hayden’s due process rights were violated when Mormon induced Hayden to plead guilty to a pending felony charge of terroristic threatening in December 1989. Reviewing the district cou

In this appeal we must decide whether the defendant deputy district attorneys are entitled to qualified immunity for the advice they gave the sheriff’s deputy who arrested plaintiff for allegedly interfering with the custodial or visitation rights of her son’s father, in violation of New Mexico law.1 We agree with the district court that the district attorneys are entitled to qualified immunit

[¶1] Larry W. Hilderbrand II appeals from the Superior Court’s (Washington County, Cuddy, J.) summary judgment in favor of the Washington County Commissioners and Sheriff Donald Smith on Hilderbrand’s complaint for slander per se, invasion of privacy, and negligent infliction of emotional distress. The alleged torts arose from public comments Smith made explaining his decision to discontinue

In this interlocutory appeal, Metropolitan Transit Authority of Harris County, Texas, (―METRO‖) appeals from the trial court’s order denying its plea to the jurisdiction on the negligence claims of appellees, Nathan Johnson, Ernest Gray, and Mary Callis.1 We affirm.

BACKGROUND

Appellees simultaneously sued METRO and employee, Johnell N. Thomas, alleging Thomas negligently opera