Immunity Law
 
Henry Rosciti v. The Insurance Company of the State of Pennsylvania

Appellants Henry Rosciti, Donna Rosciti, and Henry Rosciti, Jr. ("the Roscitis") sued Monaco Coach Corporation ("Monaco") over alleged defects in a motor home Monaco manufactured. Monaco was self-insured for liability up to $500,000, and appellee Insurance Company of the State of Pennsylvania ("ICSOP") provided excess insurance for liability above $500,000. Monaco went bankrupt shortly after the R

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Robert Bozung v. Office Travis Rawson

Plaintiff-Appellant Robert Bozung (“Bozung”) appeals an order of the district court granting a motion for summary judgment in favor of Defendant-Appellees Travis Rawson (“Officer Rawson”), John Wilson (“Officer Wilson”) and the Charter Township of DeWitt (or the “Township”) in regards to Bozung’s federal 42 U.S.C. § 1983 claims. As previously stipulated by the parties, all claim

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Victoria Johnson v. James Carroll

Victoria Johnson filed suit against four Minneapolis police officers and the City of Minneapolis (City). Her claim against the officers under 42 U.S.C. § 1983 alleged that they used excessive, unreasonable force against her, in violation of the Fourth and Fourteenth Amendments. Her claim against the City alleged a violation of the Minnesota Government Data Practices Act (DPA). Her state-law claim

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Ryan Pack v. The City of Long Beach

Federal law prohibits the possession and distribution of marijuana (21 U.S.C. §§ 812, 841(a)(1), 844); there is no exception for medical marijuana. (United States v. Oakland Cannabis Buyers’ Cooperative (2001) 532 U.S. 483, 490.) Although California criminalizes the possession and cultivation of marijuana generally (Health & Saf. Code, §§ 11357, 11358), it has decriminalized the possession a

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City of Beaumont, Texas v. Jay Brocato and wife, Valerie Brocato, Individually and as Next Friends of M.B.

After a jury trial, appellant City of Beaumont, Texas (―the City‖) appeals the trial court‘s determination of its subject-matter jurisdiction, as well as trial issues. We reverse the trial court‘s judgment and remand the case for a new trial.

BACKGROUND

Appellees Jay Brocato and wife Valerie Brocato, individually and as next friends of M.B. (―the Brocatos‖), filed suit ag

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City of Houston v. Gloria Esparza

After a car wreck, Gloria Esparza sued the City of Houston, alleging that its employee’s negligence was the cause. She sued the employee, too, but the employee was dismissed from the suit under the Texas Tort Claims Act’s election-of-remedies provision. The trial court denied the City’s plea to the jurisdiction under the same provision, from which the City appeals.[1] We issued an opinion on

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Michael Marcavage v. City of Chicago

The appeal before us arises from events held in connection with the seventh annual Gay Games (the “Games”), a series of athletic and cultural gatherings with the stated mission “to foster and augment the self-respect of gay men and women throughout the world and to engender respect and understanding from the non-gay world.” The events took place in Chicago, Illinois during July 2006. The p

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Shawn P. Blzier v. Curtis L. Larson

Plaintiff Shawn P. Blazier appeals from a district court order dismissing this civil rights action. Blazier sued Utah County and deputy county attorney Curtis L. Larson, claiming they violated his constitutional rights in connection with an aborted prosecution under Utah Code Ann. § 76-8-508.3 (“Retaliation against a witness, victim or informant”). We review the legal grounds for dismissal de

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Edward Henry v. Office Jacob Storey

Plaintiff-Appellant Ed Henry appeals from the district court’s final judgment in favor of Defendants-Appellees Jacob Storey and Amy Fangio after a jury trial. He contends that the district court erred in (1) granting judgment as a matter of law (JMOL) to these Defendants on two of his claims and (2) rejecting a proposed jury instruction. We have jurisdiction under 28 U.S.C. § 1291, and we affir

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Antonio Juarez v. Rolando Aguilar

Before the court is the interlocutory appeal of Defendants-Appellants Rolando Aguilar, Ruben Cortez, Jr., Joe Colunga, and Rick Zayas (collectively, “Appellants”) from the district court’s denial of summary judgment. Appellants, all members of the Brownsville Independent School District (“BISD”) Board of Trustees (“Board”), argue that the district court should have granted their moti

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Jon M. Lefebvre v. Alice Lefebvre

Jon Lefebvre filed a complaint alleging malicious prosecution and similar causes of action against his former spouse, Alice Lefebvre, and an alleged civil co-conspirator, Nancy Toothman.1 Alice and Toothman filed a special motion to strike Jon‘s complaint under the anti-SLAPP statute. (Code Civ. Proc., § 425.16.)2 The trial court entered an order denying the anti-SLAPP motion, and Alice and Too

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Dana Chatman v. James Brady

The plaintiff, Dana Chatman, appeals a decision of the Superior Court (Wageling, J.) dismissing his lawsuit against the defendants, James Brady and Lee Country Fair, pursuant to RSA 651:70 (2007), an immunity statute. We reverse and remand.

For purposes of resolving this appeal, the allegations in the plaintiff’s writ are taken as true and all reasonable inferences drawn therefrom are con

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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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Texas Tech University Health Science Center v. Lisa Jackson

This is an interlocutory appeal from the trial court’s denial of a plea to the jurisdiction. Lisa Jackson brought suit against Texas Tech University Health Science Center (TTUHSC) alleging the medical negligence of one of its employees, Dr. Neil Adams. Specifically, Jackson alleged that: “Dr. Neil Adams, in the course and scope of his employment with Texas Tech University Health Science Cente

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El Paso County v. Laura Solorzano

This is an interlocutory appeal by the County of El Paso from the denial of its plea to the jurisdiction of Laura Solorzano’s claims under the Texas Tort Claims Act, the Fourth and Fourteenth Amendments of the U.S. Constitution, and 42 U.S.C. § 1983 for personal injury.

In February 2006, Daniel Reyes was a participant in the Samuel F. Santana Challenge Boot Camp Program while

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Confederated Tribes and Bands of the Yakama Indian Nation v. Christine O.Gregoire

States lack authority to tax Indian tribes or registered members of Indian tribal organizations absent a clear authorization from Congress. Cnty. of Yakima v. Confederated Tribes & Bands of the Yakima Indian Nation, 502 U.S. 251, 258 (1992). The Tribes of the Yakama Nation (the Yakama or Tribes) claim that this principle of Indian tax immunity has been violated by the State of Washington’s curre

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El Paso County v. Laura Solorzano

This is an interlocutory appeal by the County of El Paso from the denial of its plea to the jurisdiction of Laura Solorzano’s claims under the Texas Tort Claims Act, the Fourth and Fourteenth Amendments of the U.S. Constitution, and 42 U.S.C. § 1983 for personal injury.

In February 2006, Daniel Reyes was a participant in the Samuel F. Santana Challenge Boot Camp Program while

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James Pitts v. Winkler County, Texas

This appeal arises from a car accident involving James Pitts and Charley Willhelm in Winkler County, Texas. The accident occurred at the intersection of State Highway 115 and County Road 201. Pitts was driving south on the state highway as Willhelm was driving east on the county road. Willhelm’s car failed to stop at a stop sign and crashed into Pitts’s car. Pitts sued Winkler County under th

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Farmers Insurance Company of Orgeon v. Tosha K. Mowry

2 This case concerns the proper application of stare decisis and requires us to
3 decide whether Collins v. Farmers Ins. Co., 312 Or 337, 822 P2d 1146 (1991), is still
4 good law. In Collins, this court held that an exclusion in a motor vehicle liability
5 insurance policy that purported to eliminate all coverage for a claim by one insured
6 against another insured under the same p

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Lewis J. Pintar v. Martin Houck

¶1 Plaintiffs Lewis J. Pintar and Afton B. Pintar appeal the district court’s decision to dismiss their claims against Defendants Utah County Sheriff’s Deputy Susan Morgan and Utah County (collectively, the Utah County Defendants) as well as the district court’s decision to grant summary judgment to Defendants Martin Houck and Darlene Houck. We affirm in part and reverse and remand in part.

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James Haley v. City of Boston

After the discovery of previously undisclosed evidence resulted in the vacation of his murder conviction and his release from more than three decades of incarceration, James Haley brought suit to recover damages from those he deemed responsible for his plight. The defendants — the City of Boston (the City) and the two detectives who had spearheaded the investigation of the crime — moved to dis

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Deborah Streeter v. SSOE Systems

In this diversity action, Deborah Streeter and her minor son appeal the district court’s amended order granting summary judgment to the Appellees pursuant to Md. Code Ann., Cts. & Jud. Proc. § 5-108(b) (LexisNexis 2006) upon finding that the cause of action had not accrued because it occurred more than ten years after the entire improvements to the real property were made available for its inte

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Mashama Hill v. Paul Curcione

2 Plaintiff-appellant Mashama Hill appeals pro se from a March 20, 2008 order (the
3 “Order”) dismissing his complaint as against the defendants-appellees Christopher Aikin (named
4 in the complaint as Chris Atkins) and James E. Hohensee, M.D. (named in the complaint as
5 James Hohensee) for failure to state a claim. Pleaded in the complaint against Hohensee and
6 Aikin, medica

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Donna Coscia v. Town of Prmbroke, Massachusetts

In her capacity as Administratrix of the estate of her son, Jason Coscia, the plaintiff, Donna Coscia, has claimed violations of Fourteenth Amendment due process in a suit for damages under 42 U.S.C. § 1983 (2006) against a number of Pembroke, Massachusetts police officers, their superiors, and the town, for failing to prevent Jason Coscia’s death. The nub of her case is the charge that they fa

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Bradley R. Johnson v. Poway Unified School District

We consider whether a public school district infringes the First Amendment liberties of one of its teachers when it orders him not to use his public position as a pulpit from which to preach his own views on the role of God in our Nation’s history to the captive students in his mathematics classroom. The answer is clear: it does not.

When Bradley Johnson, a high school calculus teacher, g

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