A towing ordinance of the City of Waukegan generated several rallies or marches in opposition. While dealing with protestors, City officials barred a citizen from speaking at a city council meeting and imposed outdoor assembly permit and fee requirements. Several individuals then sued the City, its mayor, and its police chief under 42 U.S.C. § 1983, alleging violations of their First Amendment ri

Joe Phillips, building commissioner and Auxiliary Reserve Police Officer for Velda City, Missouri, stopped Jennifer Johnson’s vehicle, arrested her, and searched her car. Johnson presented evidence that Phillips then directed her to follow him to an empty parking lot, and that he sexually assaulted her. Johnson sued Philips under 42 U.S.C. § 1983 for violations of her constitutional rights. The

Plaintiff Jay Morningstar appeals the district court’s orders granting the City of Detroit and the two remaining individual defendants, Wheatley and Bryson (Mix), judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50, in this action alleging municipal liability by the City and gross negligence and malicious prosecution by Wheatley and Mix. We AFFIRM.

BACKGROUND

2 While running to prevent a child from falling into the water at a city
3 swimming pool, plaintiff slipped on a "splash pad" and slid into a slightly elevated
4 fountain fixture, seriously injuring her ankle. She brought this negligence action against
5 defendant, the City of Bend Metropolitan Park and Recreation District, alleging four
specifications of negligence.1 6 Two dealt w

In this action brought under 42 U.S.C. § 1983 for wrongful termination, Plaintiff-Appellant Ray P. Lewis (“Lewis”) appeals the district court’s grant of summary judgment on his claims against Defendants-Appellees University of Texas Medical Branch at Galveston (“UTMB”), Dr. Garland Anderson Claudio Soto (“Soto”), and Dr. Pedro Fernandez-Funez (“Fernandez-Funez”). We AFFIRM.
<

Do we have to decide a qualified immunity appeal involving close questions of law that the district court hasn’t yet addressed? Do the police violate a suspect’s clearly established rights by requesting his hospital records? And do authorities have probable cause to arrest a trained marksman who makes suspicious statements in the wake of a shooting, who leads officers on a high speed chase, an

[¶1] Charles Doughty appeals from a decision of a Workers’ Compensation Board Hearing Officer (Collier, HO), granting his petition for award against Work Opportunities Unlimited/Leddy Group, an employment agency, but denying his petitions to remedy discrimination pursuant to 39-A M.R.S. § 353 (2010) against Work Opportunities and Poland Spring Water Co./Nestle Waters, Inc.1 Doughty contends ma

Marjorie Rosenkrantz appeals from an order dismissing her complaint for failure to state a cause of action. Because Rosenkrantz’s complaint states a claim for declaratory relief, we reverse.

Gertrude Feit executed a Durable Power of Attorney when she began having memory loss. Gertrude named her daughter, Rosenkrantz, and her son, James Feit, as attorneys-in-fact to oversee her financial a

This case concerns a dispute over the location of the Bartolo Escobeda Survey and the ownership of the minerals being produced by oil and gas wells being operated by Comstock Oil & Gas, LP. One of the defendants in the trial court is an Indian tribe that is immune from suit in state court. As to the remaining defendants, we affirm the trial court‟s summary judgment that the plaintiffs take nothi

A jury convicted Angel Rodriguez of murder, but the state’s appellate court reversed after concluding that the evidence was insufficient. People v. Rodriguez, 312 Ill. App. 3d 920 (2000). He then filed a federal suit under 42 U.S.C. §1983, accusing two police officers of violating his constitutional rights by unduly influencing a witness to identify him as the killer. The district judge granted

Defendant challenges his sentence for criminal contempt for refusing to testify before a grand jury. The sentencing guideline provision for contempt requires the district court to “apply the most analogous offense guideline.” The district court in this case applied the guideline for obstruction of justice. Defendant argues the district court should have applied the provision for failure to app

Defendant State of California (the State), acting by and through the Department of California Highway Patrol (CHP), appeals from a judgment entered in favor of plaintiff Ronald Strong (Strong) following a court trial. The court determined that CHP Officer Christopher Swanberg negligently lost or destroyed the identifying information of the individual involved in an accident during which Strong was

We must decide whether state prison officials had a clearly established duty to seek out original court records in response to a prisoner’s unsupported assertion that he was being overdetained in violation of the United States Constitution.

I
A

Cornelius Alston was twice sentenced to a term of imprisonment in the Hawaii state prison system under two separate, unrelated se

Hope Bravo and Javier Bravo Sr., along with their minor granddaughter E.B. (collectively “the Bravos”), appeal the adverse summary judgment grant in their 42 U.S.C. § 1983 action arising out of the nighttime SWAT team search of their home for weapons suspected of being used in a drive-by shooting and stored in the Bravo home by their son, Javier Bravo Jr. (“Javier Jr.”). The Bravos allege

Defendant Flintco, Inc. (Flintco), the general contractor on a public works project, contracted with Architectural Security Products (ASP) to provide custom doors for the project. ASP, in turn, contracted with plaintiff Eggers Industries (Eggers) to manufacture the doors. When ASP failed to pay Eggers fully for its services, Eggers sought to recover under the public works payment bond Flintco had

Plaintiff Sara Henry sued Red Hill Evangelical Lutheran Church of Tustin (sometimes the church) for wrongful termination under the California Fair Employment and Housing Act (Gov. Code,1 § 12900 et seq. (the FEHA)) and for wrongful termination in violation of public policy based upon her termination from the Red Hill Lutheran School (the school) for living with her boyfriend and raising their chi

Minneapolis Police Sergeant Peter Ritschel arrested Paul Stepnes without a warrant for running a contest which allegedly violated Minnesota gambling laws. Ritschel later obtained a search warrant and seized several items from the house where Stepnes was running the contest. Reporter Esme Murphy broadcast a news story about the contest and Stepnes's arrest on WCCO TV, a local CBS television statio

On December 12, 2008, Tiffany Stinson filed an original petition in this case against Fontenot. The petition included claims for various intentional torts, including slander, civil conspiracy, ―trespass, assault and battery, intentional infliction of emotional distress, wrongful arrest, false imprisonment, and malicious prosecution.‖ On December 29, 2008, Stinson filed a complaint in federal d

In this fatal car wreck case, the City of Houston brings an accelerated appeal from the trial court’s denial of its plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (West 2008) (permitting appeal from interlocutory order). The City argues that it was entitled to dismissal from the suit under the election-of-remedies section of the Tort Claims Act. See id. § 101.

Appellant, owner of real estate in Richmond County, New York, sought an injunction in the New York courts to prevent the New York City Tax Commission from granting property tax exemptions to religious organizations for religious properties used solely for religious worship. The exemption from state taxes is authorized by Art. 16, § 1, of the New York Constitution, which provides in relevant part:

Respondent University of Virginia, a state instrumentality, authorizes payments from its Student Activities Fund (SAF) to outside contractors for the printing costs of a variety of publications issued by student groups called "Contracted Independent Organizations" (CIOs). The SAF receives its money from mandatory student fees and is designed to support a broad range of extracurricular student acti

This is a sex discrimination case. Appellants seek review of a judgment of dismissal of the United States District Court for the Northern District

[495 F.2d 884]
of Oklahoma. The claim of the appellants in the District Court was that the United States Jaycees unconstitutionally excluded the Junior Chamber of Commerce of Rochester, New York and the individual appellants from affiliatio

This is an action brought by the plaintiff in error against the former governor of the state of Colorado, the former adjutant general of the national guard of the same state, and a captain of a company of the national guard, for an imprisonment of the plaintiff by them while in office. The complaint was dismissed on demurrer, and the case comes here on a certificate that the demurrer was sustained

Defendant, James Briscoe (Briscoe), seeks review of the trial court's grant of summary judgment to Plaintiff, Bank of Oklahoma, Trustee (BOK), in this action to foreclose a mortgage on Briscoe's home. We affirm in part, reverse in part, and remand.

On review of a trial court's summary judgment, we must look at the record in a light most favorable to the losing party--in this case,

Before this Court is Defendant Barnes-Jewish Hospital's Motion to Dismiss or in the Alternative for Summary Judgment. The parties have consented to the jurisdiction of the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(c). For the reasons stated in this Memorandum and Order, Defendant's Motion is granted in part and denied in part.

I. BACKGROUND

Plaintiff orig