Immunity Law
 
John N. Finstad v. Ransom-Sarget Water Users, Inc.

[¶1] John and Lori Finstad appealed from a district court judgment which granted summary judgment in favor of Ransom-Sargent Water Users, Inc., n/k/a Southeast Water Users District, and its board members (collectively, "Water District"), and dismissed their complaint. We conclude the district court erred in applying the three-year statute of limitations of N.D.C.C. § 32-12.1-10 to the Finstads'

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Paul J. Montalbano, M.D. v. Saint Alphonsus Regional Medical Center

This case concerns a permissive appeal from the district court’s interlocutory entry of a protective order, holding that certain documents related to the suspension of Appellant Paul J. Montalbano’s privileges at Saint Alphonsus Regional Medical Center (SARMC) are not discoverable by Montalbano. The interlocutory order comes from Dr. Montalbano’s lawsuit filed against SARMC in district court

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Angelina Morfin Vargas v. City of Salinas

Plaintiffs Angelina Morfin Vargas and Mark Dierolf sued defendants City of Salinas and city manager, David Mora (collectively City), for alleged misuse of public funds. The suit was dismissed as a SLAPP1 under Code of Civil Procedure section 425.16, the so-called anti-SLAPP law.2 The ensuing judgment was affirmed by this court and by the Supreme Court. (Vargas v. City of Salinas (2009) 46 Cal.4th

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Daryl J. Bennett v. Jeremy Krakowski

Jeremy Krakowski (“Officer Krakowski”), Corporal Jeffrey Garrison (“Corporal Garrison”), Corporal Alan Leveille (“Corporal Leveille”), Officer James Issacs (“Officer Issacs”), and Officer Joshua Urbiel (“Officer Urbiel”) (collectively, the “Officers” or “Defendants”), appeal the order of the district court denying summary judgment on their claims of qualified immunity i

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Charles H. Dise v. Express Marine

Appellant Charles H. Dise (“Dise”) filed this maritime action to recover for injuries he sustained when a skiff piloted by him and owned by his employer, Appellee Express Marine, Inc. (“EMI”), allided with a bridge piling, and as a result of allegedly negligent medical treatment he received at the University of South Alabama Medical Center (“USA Medical”) in the wake of the allision. D

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Reynaldo Ybarra v. the county of Hidalgo

Appellant, Reynaldo Ybarra, appeals the trial court’s orders granting a motion to dismiss for lack of jurisdiction and a motion for traditional and no-evidence summary judgment in favor of appellee, the County of Hidalgo. We affirm.

BACKGROUND

On February 18, 2000, appellant, a postal worker, was delivering mail to the Hidalgo County Administrative Building, which is owned by a

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Edward J. Klen v. City of Loveland, Colorado

Plaintiffs brought this civil rights action against the city of Loveland, Colorado (City) and various City employees, alleging a plethora of constitutional violations involving the defendants’ alleged imposition of deliberate delays and unreasonable requirements for plaintiffs’ building permit; solicitation of illegal and extortionate fees for the permit; selective prosecution for building wit

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Paul Carr v. Christopher Koch

¶ 1 In March 2010, plaintiffs, Paul Carr and Ron Newell, filed a complaint against
defendants, Christopher Koch, State Superintendent of Education; the State Board of Education
(Board); and Patrick J. Quinn, Governor of the State of Illinois, asking the trial court to declare
the Illinois education funding system found in section 18-8.05 of the School Code (105 ILCS
5/18-8.05 (Wes

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Angela Mitsias v. I-Flow Corporation

¶ 1 Plaintiff appeals the dismissal of her products liability suit against I-Flow Corporation,
Stryker Corporation, and Stryker Sales Corporation (collectively, the product liability
defendants) as time-barred under the two-year limitations period for product liability actions
as set forth in section 13-213(d) of the Code of Civil Procedure (735 ILCS 5/13-213(d) (West
2008)).

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Jeung-Hee Park v. NOrtheast Illinois Regional Commuter Railroad Corporation

¶ 1 Plaintiff Jeung-Hee Park appeals the dismissal of her fifth amended complaint against
defendants Northeast Illinois Regional Commuter Railroad Corporation (Metra) and Soo Line
Railroad Company, doing business as Canadian Pacific Railway (Canadian Pacific). We affirm.
¶ 2 Plaintiff brought this negligence action on behalf of her son, Hiroyuki Joho (Hiroyuki),
who was struck an

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Fuming Wu v. Texas A&M International University

Fuming Wu appeals the trial court’s order granting appellees’ plea to the jurisdiction and dismissing his Whistleblower Act suit with prejudice. We hold that appellant has not pled a cause of action for which the state’s immunity from suit has been waived, and we affirm the trial court’s judgment. 04-11-00180-CV

FACTUAL AND PROCEDURAL BACKGROUND

Fuming Wu was an assistant pro

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City of Houston v. Karla San Miguel

After a car accident, Karla San Miguel, individually and as next friend of Fabian Sosas, a minor, and Cristina Casique (collectively San Miguel) sued the City of Houston and its employee, Shirley James, alleging James’s negligence caused the accident. The trial court granted the City’s motion to dismiss James under the Texas Tort Claims Act’s election-of-remedies provision. The City then

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Ann Deshotels v. Mike Marshall

Seldon Deshotels died shortly after an altercation with law enforcement officers from the Lake Charles Police Department and the Calcasieu Parish Sheriff’s Office. His surviving wife and children, Plaintiffs-Appellants, filed suit against the officers and their employers, among others, asserting claims under 42 U.S.C. § 1983 and state law. The district court granted summary judgment dismissing

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David L. Backes v. Village of Peoria Heights, Illinois

The plaintiffs-appellants, David and Sara Backes, sued the Village of Peoria Heights and its Chief of Police plus several other law enforcement officials for civil rights violations under 42 U.S.C. § 1983. They also included state common law claims in their complaint. The defendants filed motions for summary judgment, which the district court granted, dismissing the suit. A timely appeal was file

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Alverna Brown v. Kenneth C. Jenne

Alverna Brown, as Personal Representative of the Estate of Oral George Brown (the “decedent”), appeals from final summary judgments granted in favor of nine different defendants. The two issues on appeal are: (1) whether the circuit court erred in granting summary judgment to these nine defendants, which includes five Broward Sheriff’s Office (“BSO”) deputies a n d four Broward County Fi

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James O'Neill v. Louisville/Jefferson County Metro Government

This is perhaps the dog-gonest case ever to reach a federal appellate court. In October 2008, several uniformed officers of the Louisville Metro Animal Services (LMAS) intruded into the O’Neills’ home without a warrant and without consent, confiscated the O’Neills’ two adult dogs and the dogs’ litter of seven puppies, neutered and spayed the adult dogs and implanted microchips in all nin

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Stella Wheeler v. The City of Lansing

Plaintiff Stella Wheeler appeals the district court’s grant of summary judgment for defendant, Officer Dennis Wirth, on her 42 U.S.C. § 1983 claim that he violated her constitutional rights in obtaining a search warrant for, and executing a no-knock search of, her apartment. Wheeler alleges that Wirth infringed on her Fourth Amendment rights by relying on a warrant that was not supported by pro

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Ray Brown v. Daniel Montoya

This appeal comes to us from the district court’s denial of the defendantsappellants’ motion to dismiss a complaint alleging 42 U.S.C. § 1983 claims against them for violation of the plaintiff-appellee’s rights under the Fourteenth Amendment to substantive due process, procedural due process, and equal protection. The appellants argued, among other things, that their qualified immunity from

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James O'Neill v. Louisville/Jefferson County Metro Gov't

This is perhaps the dog-gonest case ever to reach a federal appellate court. In October 2008, several uniformed officers of the Louisville Metro Animal Services (LMAS) intruded into the O’Neills’ home without a warrant and without consent, confiscated the O’Neills’ two adult dogs and the dogs’ litter of seven puppies, neutered and spayed the adult dogs and implanted microchips in all nin

More...   $0 (11-08-2011 - OH)

Stella Wheeler v. City of Grand Rapids

Plaintiff Stella Wheeler appeals the district court’s grant of summary judgment for defendant, Officer Dennis Wirth, on her 42 U.S.C. § 1983 claim that he violated her constitutional rights in obtaining a search warrant for, and executing a no-knock search of, her apartment. Wheeler alleges that Wirth infringed on her Fourth Amendment rights by relying on a warrant that was not supported by pro

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Loraine Campbell v. State of Washington Department of Social and Health Services

Plaintiff Loraine Campbell appeals the district court’s grant of summary judgment in favor of Defendants Sonja Pate, Lashonda Mitchell, and Murine McGenty,1 employees of the State of Washington’s State Operated Living Alternative (“SOLA”) program. Defendants were responsible for the care of Campbell’s 33-year-old developmentally delayed daughter, Justine Booth, at the time Justine was fo

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Loraine Campbell v. State of Washington

Plaintiff Loraine Campbell appeals the district court’s grant of summary judgment in favor of Defendants Sonja Pate, Lashonda Mitchell, and Murine McGenty,1 employees of the State of Washington’s State Operated Living Alternative (“SOLA”) program. Defendants were responsible for the care of Campbell’s 33-year-old developmentally delayed daughter, Justine Booth, at the time Justine was f

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Doe v. Bin Laden

09-4958-cv
Doe v. Bin Laden
1 UNITED STATES COURT OF APPEALS
2
3 FOR THE SECOND CIRCUIT
4
5
6
7 August Term, 2010
8
9 (Argued: October 15, 2010 Decided: November 7, 2011)
10
11 Docket No. 09-4958-cv
12
13
14
15 JOHN DOE, in his capacity as the executor of the estate of JANE DOE, in his personal capacity,
16 and as the personal rep

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Jason Czar v. Gary Rout

The plaintiffs, Jason Czar and Beth Ann Czar, appeal from the summary judgment rendered in favor of the defendant, Redding Appraisal Group.1 On appeal, the plaintiffs claim that the trial court improperly determined that their action was barred by General Statutes § 36a-755 because the appraisal was not rendered in conjunction with seeking a mortgage from, or at the behest of, a financial institu

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Dallas County, Texas v. Roy Logan

In this interlocutory appeal, appellant Dallas County, Texas, asserts a single issue challenging the trial court's denial of its plea to the jurisdiction in a suit brought by appellee Roy Logan pursuant to the Texas Whistleblower Act. See Tex. Gov't Code Ann. §§ 554.001-.010 (West 2004). For the reasons below, we affirm the trial court's order.

I. FACTUAL AND PROCEDURAL BACKGROUND

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