Immunity Law
 
Kimel v. Florida Board of Regents

The Age Discrimination in Employment Act of 1967 (ADEA or Act), as amended, makes it unlawful for an employer, including a State, to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual a because of such individuals age. 29 U.S.C. 623(a)(1). Petitioners, three sets of plaintiffs, filed suit under the ADEA against respondents, their state employers.

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Ron Westmoreland v. Deborah L. Sutherland

Plaintiff Ron Westmoreland, a firefighter, appeals from the entry of summary judgment in favor of his employer, the City of Bay Village and its Mayor Deborah L. Sutherland, with respect to his claim that he was unlawfully disciplined in retaliation for having exercised his First Amendment rights. See 42 U.S.C. § 1983. The district court found that plaintiff’s speech was not protected by the Fir

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The Yavapai-Apache Nation v. Iipay Nation of Santa Ysabel

Plaintiff and appellant the Yavapai-Apache Nation (YAN) appeals from the trial court's order granting the motion to quash service of summons filed by defendant and respondent Iipay Nation of Santa Ysabel (previously known as the Santa Ysabel Band of Diegueno Indians; "Nation"). YAN's breach of contract action arose from alleged breaches by Nation of obligations contained in several related documen

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City of Houston v. John McClain and Carita Douvio

After a car accident, John McClain[1] sued the City of Houston and its employee, Larry Horton, alleging negligence on the part of Horton as the cause of the accident. The trial court granted the City’s motion to dismiss Horton under the Texas Tort Claims Act’s election-of-remedies provision. The City then filed a plea to the jurisdiction, claiming that McClain’s filing suit against Horton

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Deborah Ann Leftwich v. The Honorable Stephen Alcorn, Judge of the District Court of Oklahoma County

¶1 The Petitioner has filed an application for original jurisdiction, a petition for writ of prohibition, and in the alternative a petition for writ of mandamus in Case No. CF-2010-8067 in the District Court of Oklahoma County.

¶2 This Court previously denied Petitioner's petition for writ of prohibition or mandamus based on the District Court's decision denying Petitioner's motions to di

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William Holden v. Linda Hirner

William Holden (Holden), a pretrial detainee, was assaulted by three other inmates while he awaited trial. Holden appeals the district court’s1 adverse grant of summary judgment on Holden’s 42 U.S.C. § 1983 claim against several prison officials. Holden contends the district court failed to recognize genuine disputes of material fact regarding (1) the substantial risk of harm he faced while i

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Margaret French v. Barber Asphalt Paving Company

This was a suit instituted in the circuit court of Jackson county, Missouri, by the Barber Asphalt Paving Company, a corporation whose business it was to construct pavements composed of asphalt, against Margaret French and others, owners of lots abutting on Forest avenue in Kansas City, for the purpose of enforcing the lien of a tax bill issued by that city in part payment of the cost of paving sa

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Orlen Curtis v. The Board of Education of Sayre Public Schools

¶1 On May 16th, 1994, 12-year-old Clifton Curtis was participating in a softball game in his Sayre public school physical education class. Clifton's teacher instructed him to play the position of catcher, but did not supply Clifton with a catcher's mask. Clifton was thereafter severely injured when he was hit in the mouth with a baseball bat.

¶2 Clifton's parents, Orlen and Tammie Curtis,

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Elaine Desouza Gladstone v. Bartlesville Independent School District No. 30

¶1 The dispositive issue on certiorari is whether the terms of §155(14)2 of the Governmental Tort Claims Act [GTCA] - which exclude from state tort liability claims for death (or bodily injury) from an on-the-job injury covered by workers' compensation but extend government's tort accountability to claims by persons with access to collateral sources of indemnity other than workers' compensati

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Hershel Oscar Rosenbaum v. Washoe County

Hershel Oscar Rosenbaum (“Rosenbaum”) and his children appeal the district court’s order granting the defendants’ motion for summary judgment on the grounds of qualified immunity.

Rosenbaum was arrested as he stood outside a fair selling promotional tickets that he had received for free from a radio station. He was wearing a t-shirt with the logo of the station; his children, ages e

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Ernesto Espinoza v. Hewlett-Packard Company

Ernesto Espinoza (“Espinoza”), the appellant and plaintiff-below, brought this action under 8 Del. C. § 220 to inspect certain books and records of the defendant-below appellee, Hewlett-Packard Company (“HP”).2 More specifically, Espinoza sought to inspect one document that HP refused voluntarily to disclose: an interim report (the “Covington Report” or the “Report”) prepared by C

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Alan Cole v. City of Dearborn

In this civil rights action, Plaintiffs-Appellees Alan Cole, Jordan Cole, and Vincent Cole (“the Coles”) claim that Defendant-Appellant Police Officers (“Defendants”) used excessive force in apprehending them for questioning regarding an armed robbery. Defendants appeal the district court’s denial of their motion for summary judgment on qualified immunity grounds. For the reasons that fo

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Samone Redd v. Rosemarie Nolan

Samone Redd’s probationary employment with the Cook County Department of Corrections ended with her resignation on October 31, 2007.

Redd had been a witness in a criminal investigation conducted by Detective John Dougherty of the City of Chicago Police Department. She has sued Dougherty, alleging that when she refused to lie to further the ends of that investigation, he tortiously interfe

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Daniel Lee Larson v. Michael Agos

Plaintiff and appellant Daniel Larson appeals the dismissal of his 42 U.S.C. § 1983 action for failure to state a claim. For the following reasons, we affirm the district court’s decision.

BACKGROUND

Mr. Larson is a Weld County, Colorado Sheriff’s Deputy. Tina Henson is his aunt. Ms. Henson had previously resided with Michael Suchan at Mr. Suchan’s residence, where she and

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Douglas Gregory Bork v. Stephen M. Carroll, Lt. Colonel

Douglas Gregory Bork, a member of the United States Army Reserve, wants to challenge personnel decisions made by his sergeant, superior officers, and the Secretary of Defense. Mr. Bork seeks to sue those individuals in their official capacities and to have us enjoin their putatively unlawful actions. The district court dismissed Mr. Bork’s claims for lack of subject matter jurisdiction, however,

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Dorothy King v. Virginia Betts

The Tennessee Department of Mental Health operates five regional mental health institutes in Tennessee. The Middle Tennessee Mental Health Institute (“MTMHI”) is a facility in Nashville with the capacity to serve 245 patients. All of MTMHI’s patients are involuntarily admitted, which means they have been found to “pose[ ] an immediate substantial likelihood of serious harm . . . because of

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City of Saint Albans v. David A. Botkins

In this interlocutory appeal of the November 5, 2010, order of the Circuit Court of Kanawha County, the defendants below — the City 1 of Saint Albans, B.L. Tagayun and A.C. Truitt2 (hereinafter collectively referred to as “Appellants”) — challenge the trial court’s refusal to grant summary judgment on qualified immunity grounds. The underlying civil complaint filed by David A. Botkins (h

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Nicole Walthour v. Commonwealth of Pennsylvania

Nicole Walthour (Appellant) appeals from the Order of the Court of Common Pleas of Allegheny County (trial court), which granted the Motion for Summary Judgment (Motion) of the Commonwealth of Pennsylvania, Department of Transportation (the Department) and dismissed Appellant‟s Complaint with prejudice. Appellant now appeals to this Court, arguing that the trial court erred in granting summary j

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Dawn A. Pyeritz v. Commonwealth of Pennsylvania

In this case, Appellants sued Appellees based on the destruction of personal property, to wit, a black nylon tree stand safety harness, or belt, that allegedly was crucial evidence in a separate civil action. The Pennsylvania State Police (“State Police”) had seized this item during a criminal investigation of a suspicious death. A state trooper had agreed to retain the belt in the custody of

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Andrew V. Kennery v. State of Vermont

¶ 1. DOOLEY, J. Plaintiff Andrew Kennery, on behalf of the estate of Gladys Kennery, appeals the decision of the Windham Superior Court granting the State of Vermont’s motion for summary judgment on plaintiff’s complaint alleging negligence, gross negligence, and civil rights violations against the State of Vermont, Vermont State Troopers Travis Valcourt and Francis LaBombard, II

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James R. Eldredge v. Town of Falmouth

This is an appeal from the dismissal of a complaint alleging Section 1983 unreasonable seizure claims against two Falmouth, Massachusetts police officers. Plaintiff-appellant James R. Eldredge, who tragically was struck by a police cruiser during the course of the officers' response to a 911 call, challenges the district court's determination that qualified immunity shielded the officers from suit

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B. Hancox v. Performance Anesthesia, P.A.

Bradford Scott Hancox, Administrator of the estate of Corporal Latiece Reid Glenn, appeals the August 27, 2010 Order of the district court that dismissed, for want of subject matter jurisdiction, the estate’s negligence claims against the United States. See Glenn v. Performance Anesthesia, P.A., No. 5:09-CV-00309, 2010 WL 3420538 (E.D.N.C. Aug. 27, 2010) (the district court’s “Opinion”). I

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Katherine M. Winters v. Kansas Department of Social and Rehabilitation Services

Katherine M. Winters filed this federal lawsuit under 42 U.S.C. § 1983, alleging violations of an asserted right to the care and custody of her biological grandchildren. She named as defendants the State of Kansas, the Kansas Department of Social and Rehabilitation Services, social workers and their supervisors, the state court judge who ruled on the Child in Need of Care (CINC) matter relating t

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Rick Aleman v. Village of Hanover Park

The plaintiff in this suit under 42 U.S.C. § 1983 appeals from the grant of summary judgment in favor of the defendants—two Illinois state police officers (Gerard Fallon and Joseph Micci), three police officers of the Village of Hanover Park, Illinois (Todd Carlson, Carol Lussky, and Eric Villanueva), and the Village itself. The suit, which seeks damages, charges the individual defendants with

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Hans Keil v. Glenn Triveline

On September 9, 2008, Hans Joachim Keil was arrested by federal agents for immigration violations. Criminal charges were later dismissed on motion of the government, and Keil brought this action against the agents, alleging that he was unlawfully arrested in violation of his rights under the Fourth Amendment. The district court1 granted the agents’ motion for summary judgment, concluding that th

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