Immunity Law
 
Kathryn and Jeremy Medlen v. Carla Strickland

Appellants Kathryn and Jeremy Medlen appeal the dismissal of their suit against Appellee Carla Strickland for the death of their dog. We will reverse and remand the case to the trial court.

Background Facts

On or about June 2, 2009, the Medlens’ dog, Avery, escaped from their backyard and was picked up by animal control. Jeremy went to the animal shelter to retriev

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Hope Green v. Washington County

Eighteen-year-old Lukus Glenn was shot and killed in his driveway by Washington County police officers. His mother had called 911 for help with her distraught and intoxicated son after Lukus began threatening to kill himself with a pocketknife and breaking household property. Within four minutes of their arrival, officers had shot Lukus with a “less-lethal” beanbag shotgun, and had fatally sho

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Mohammad Mirmehdi v. United States of America

We are asked to decide, among other things, whether an alien not lawfully in the United States may sue for monetary damages claiming constitutionally invalid detention.

I

Mohammad, Mostafa (“Michael”), Mohsen, and Mojtaba Mirmehdi (collectively the “Mirmehdis”) are four citizens of Iran who came to the United States at various times, purportedly due to their long-standing opp

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Vicki Koch v. City of Del City

Beginning in 2004, Plaintiff-Appellant Vicki Koch and her parents assumed control over the property and care of an elderly woman, Gladys Lance. Ms. Lance’s niece became concerned about her aunt’s welfare, and in September 2005, when she could no longer locate Ms. Lance, she obtained an order from an Oklahoma state court appointing her as Ms. Lance’s special guardian. Several days later, Defe

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Glenda Postert v. Calhoun County

Appellant Glenda Postert filed a trespass to try title suit against appellee Calhoun County (―the County‖) seeking to quiet title to an area of land in Calhoun County, Texas. See TEX. PROP. CODE ANN. § 22.001 (West 2001); TEX. CIV. PRAC. & REM. CODE § 37.004(a) (West 2008) (―Declaratory Judgments Act‖). The County and Postert each moved for summary judgment. The trial court granted the C

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Jane Uche Amadi v. City of Houston

In this case brought under the Texas Tort Claims Act (―TTCA‖),1 the appellants challenge the trial court‘s order granting the City of Houston‘s plea to the jurisdiction. Because we conclude that the City of Houston (the ―city‖) has consented to suit, we reverse and remand.

BACKGROUND

Jane Uche Amadi, Constance Nnadi, and World Anointing Center Ministries, Inc. (collec

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Louis Taylor Guthrie v. Adrian Garcia

Two individuals sought mandamus relief against a sheriff in his official capacity under Texas Government Code section 552.321. Though the individuals did not seek relief against the county that the sheriff serves, the individuals had the county served with a copy of their petition. The trial court granted the sheriff’s summary-judgment motion, in which the sheriff asserted that the claims agains

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Enterprise Leasing Company of St. Louis v. Linda Hardin

¶ 1 The defendant, Linda Hardin, rented a vehicle from the plaintiff, Enterprise Leasing Company of St. Louis, for a business trip. Two of her coworkers were passengers in the vehicle. Both passengers were injured in an accident while Hardin was driving in Kentucky. The plaintiff paid claims to the two passengers and then sought indemnification from the defendant pursuant to the rental contract.

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Alexis Holyweek v. Rio Tinto, PLC

This is an Alien Tort Statute (ATS) case arising out of the operations of Rio Tinto mining group (Rio Tinto) on the island of Bougainville in Papua New Guinea (PNG) and the uprising against Rio Tinto in the late 1980’s that resulted in the use of military force and many deaths. The Plaintiffs are current or former residents of the island of Bougainville. The ATS provides that “district courts

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William Miller v. Donna Arbogast

Plaintiff-Appellant, William Miller, appeals from the entry of summary judgment in favor of Defendants Donna Arbogast, Michael Fox, and Paul Spiers in this 42 U.S.C. § 1983 malicious prosecution action. Miller’s claims arise from the investigation of the 1999 murder of Girly Hossencofft in Albuquerque, New Mexico. The district court granted summary judgment to all defendants because Miller fail

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Burl Kennedy v. City of Talihina

¶1 Burl Kennedy, Brenda Kennedy, Cody Shores, Burl Colton Kennedy and Joy Kennedy appeal the dismissal of their petition against the Town of Talihina and the Talihina Public Works Authority (collectively, the Town). The appeal has been assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36(b), 12 O.S. Supp. 2010, ch. 15, app. 1, and the matter stands submitted without app

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William Scott Tiernan v. The State of Wyoming

[¶1] A Wyoming State Trooper stopped William Scott Tiernan on suspicion of driving while impaired after he observed Mr. Tiernan’s vehicle cross the center line and the fog line a couple of times. The trooper conducted field sobriety tests and arrested Mr. Tiernan for driving under the influence of alcohol. Mr. Tiernan refused to submit to chemical testing and the Wyoming Department of Transport

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Mark Orchard v. The State of Wyoming, Department of Transportation

[¶1] Appellant, Mark Orchard, was arrested for driving while under the influence of alcohol. As a result, the Wyoming Department of Transportation advised him that it was suspending his driver’s license pursuant to Wyo. Stat. Ann. § 31-6-102. Appellant contested the suspension before the Office of Administrative Hearings (OAH), and the OAH upheld the suspension. He sought review in the distric

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Brewster McCauley v. City of Chicago

Mersaides McCauley was shot and killed by her ex-boyfriend Glenford Martinez as she left the parking lot of her church in Chicago. Martinez then turned the gun on himself. At the time of the murdersuicide, Martinez was on parole for an earlier homicide and had a history of harassing and assaulting McCauley in violation of his parole and a court order of protection issued on her behalf. Chicago law

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Peter J. Palka v. City of Chicago and Matthe Tobias

In 2007 Peter Palka was dismissed as a probationary police officer in the officer-training program at the Chicago Police Academy. He claims he was fired because of his Polish ethnicity. The City says he was terminated because he violated departmental rules and repeatedly flunked the firearms exam. Peter’s father, Tadeusz Palka, a Cook County Deputy Sheriff, contacted Matthew Tobias, Peter’s su

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David Clark v. The Arkansas GAme and Fish Commission

The issue in this case is whether the appellee, Arkansas Game & Fish Commission (AGFC), can cancel a hunting season after it has already been approved. Because we conclude that Clark’s notice of appeal did not substantially comply with Rule 3(e) of the Arkansas Rules of Appellate Procedure–Civil (2010), we dismiss the appeal.

On March 26, 2009, AGFC amended AGFC Codes 02.04 and 23.01, t

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Troy Mattos v. Darren Agarano

These cases present questions about whether the use of a taser to subdue a suspect resulted in the excessive use of force and whether the officers are entitled to qualified immunity.1 In Brooks v. City of Seattle, Plaintiff Malaika Brooks was tased; in Mattos v. Agarano, Plaintiff Jayzel Mattos was tased.

Both women were tased during an encounter with police officers.

They subseq

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Elbert Johnson v. City of Bellaire and Rosa Larson

Elbert Johnson appeals an order granting a plea to the jurisdiction in favor of appellees, the City of Bellaire and Rosa Larson (collectively, the “City”). See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (Vernon 2008) (permitting interlocutory appeal from an order that “grants or denies a plea to the jurisdiction by a governmental unit”). Johnson contends that the trial court erred by

More...   $0 (10-13-2011 - TX)

Frances Ramirez Leyva v. Crystal City, Texas

Frances Ramirez Leyva appeals from the trial court’s order granting Crystal City’s plea to the jurisdiction and dismissing her suit under the Texas Whistleblower Act. See TEX. GOV’T CODE ANN. §§ 554.001-.010 (West 2004). We reverse the court’s order and remand to the trial court for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

Frances Leyva was employed by Crystal

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Town of Flower Mound, Texas v. Mockingbird Pipeline, L.P.

Appellant Town of Flower Mound, Texas, attempts to bring an interlocutory appeal of the Denton County Probate Court’s denial of its plea to the jurisdiction in favor of Appellee Mockingbird Pipeline, L.P. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (West 2008). We dismiss the appeal for want of jurisdiction.

II. Factual and Procedural Background

Mockingbird, a gas corpo

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Sachchit Kumar Pandey v. Robert Homer Russell, II

Sachchit Kumar Pandey, appearing pro se, appeals from the district court’s sua sponte dismissal of his amended verified complaint. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm.

I

On May 20, 2011, Pandey, a Colorado resident, filed a verified complaint in the District of Colorado pursuant to “United States Constitution Article VI Clause 2 and 3,” “28 U.S.C.

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Elizabeth Tymczyszyn v. Columbus Gardens, Hoboke Housing Authority

Plaintiff Elizabeth Tymczyszyn slipped on ice and fell on the sidewalk abutting Columbus Gardens, a multi-unit residential property owned and operated by defendant Hoboken Housing Authority. Plaintiff sued defendant to recover damages for injuries she sustained as a result of the fall. The trial court granted defendant's summary judgment motion based on the immunity conferred upon public entities

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Alfred Ocasio v. Federal Express Corporation

In this personal injury case, the plaintiff, Alfred Ocasio, appeals the entry of judgment in favor of the defendant, Federal Express Corporation (FedEx). He argues that the Trial Court (Barry, J.) erred when it allowed the jury to apportion fault to his employer, the United States Postal Service (USPS), and when, despite the jury’s $1,445,700 verdict in his favor, it entered judgment for FedEx a

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Cathy Thomas v. The County Commissioners of Shawnee County, Kansas

This case arises on petition for review filed by Defendants David Tipton, Matthew Biltoft, and Shawnee County (County) from the Court of Appeals' partial reversal of summary judgment in their favor. Plaintiffs allege defendants' negligence led to the suicide of Anthony D. Stapleton while he was incarcerated in the Shawnee County Adult Detention Center. Defendants argue that they are entitled to su

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Patricia Donahue v. United States of America

The petition for rehearing having been denied by the panel of judges who decided the case, and the petition for rehearing en banc having been submitted to the active judges of this court and a majority of the judges not having voted that the case be heard en banc, it is ordered that the petition for rehearing and the petition for rehearing en banc be denied.

LYNCH, Chief Judge, BOU

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