Plaintiff-Appellee Dian Sabo filed this action against Defendant City of Mentor and Defendant-Appellant Mentor Police Officer Scott Tkach for violations of state and federal rights after Tkach shot and killed her husband, Richard Sabo, outside the Sabo residence. Tkach appeals the district court’s denial of qualified immunity. Because genuine issues of material fact preclude summary judgment in

Joslyn Johnson sued the City of Houston (“City”), alleging that the City’s policy preventing police officers from contacting federal immigration authorities violated her state and federal constitutional rights. The district court dismissed Johnson’s case, holding that a previous case Johnson had filed against the City barred the current case under principles of claim preclusion, or res jud

In 1999 and 2000, the federal Bureau of Land Management (“BLM”) applied the herbicide Oust to approximately 70,000 acres of federal lands in South Central Idaho in an effort to combat a devastating wildfire cycle. Wind carried some of the Oust off the federal land and onto privately owned farmland nearby. The herbicide caused significant damage to the crops on these farmlands. The Plaintiffs i

In this civil-rights action, Darryl Thompson alleges he was arrested without probable cause and the arresting officers used excessive force. Police officers Roose, Shuburt, Olszewski, and Kelly appeal the district court’s denial of their motion for summary judgment on qualified immunity grounds. Because the officers rely entirely on disputed facts in their appeal, we DISMISS the appeal for lack

Plaintiffs, Bobby and Tracy Swindle, brought this action for damages under 42 U.S.C. § 1983 on behalf of their minor daughter, Morgan Swindle, who allegedly was deprived of her constitutional rights of procedural and substantive due process and equal protection of the laws when she was expelled from public school and refused alternative education benefits during the 2005-2006 academic school year

Allison Anderson and Timothy Anderson seek review by certiorari of the circuit court's nonfinal order denying their motion to lift the abatement of their civil action against Helen Ellis Memorial Hospital Foundation, Inc. (the Hospital), pending a determination of the available benefits under the Florida Birth-Related Neurological Injury Compensation Plan (the Plan).1 Because the circuit court's o

Covenant Christian Ministries, Inc. (“Covenant”) and its pastor, Frederick T. Anderson, brought an action against the City of Marietta, Georgia, challenging the validity of its zoning ordinance. As pertinent to this appeal, Covenant and Anderson each allege multiple claims under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cc. The district court gra

In this appeal concerning the Federal Tort Claims Act, we determine whether a purported personal representative may invoke the adjudicatory capacity, that is, the subject-matter jurisdiction of a United States District Court on behalf of statutory beneficiaries if, under 28 U.S.C. § 2675(a), the representative fails or refuses to first present to the appropriate federal agency evidence of her aut

WILLIAMS, Circuit Judge. An angry crowd accused Ronald D. Reher of videotaping their children in a public park. Police officers Marilyn Gabinski and Frank Vivo arrested Reher for disorderly conduct. The charges were eventually dropped and Reher sued the officers, claiming they arrested him without probable cause in violation of his Fourth Amendment rights. The district court entered summary judgme

David Geiger sued The City of Broken Arrow and Broken Arrow Police Officer Zach Schatz on a 42 USC 1983 excessive force claim theory claiming that Schatz used excessive force when he arrested him for being in actual physical control of a motor vehicle while intoxicated on August 25, 2010. Plaintiff claimed that Schatz ground his face into the asphalt road after he threw him from his vehicle and b

In this 42 U.S.C. § 1983 action, Defendants- Appellants Dan and Don Gilliam (collectively, “Gilliams”) appeal the district court’s denial of their motion for summary judgment on the basis of qualified immunity.

Plaintiff-Appellee Rodney Cochran alleges the Gilliams, both deputy sheriffs in Lincoln County, Kentucky, violated his constitutional rights by assisting Cochran’s landlords

Christian Arroyo contracted a bacterial infection from his mother during his birth. The physicians involved in Christian’s delivery and postdelivery care failed to diagnose and treat this infection in a timely manner, which caused the newborn to suffer severe brain injuries. Several years later, Christian’s parents filed suit against the United States under the Federal Tort Claims Act. The dis

Plaintiffs-Appellants Vivian Skovgard (Skovgard) and Percy Gros, Jr. (Gros) (collectively, plaintiffs) are long-time anti-abortion advocates, whose activities outside of the Women’s Med + Center (the Center), an abortion clinic in Kettering, Ohio, include counseling, praying, picketing, and distributing literature. On March 2, 2007, Alex Kaminski (Kaminski), the Center’s security guard, called

Appellant Lorenzo Forge challenges the trial court's dismissal for lack of jurisdiction of his race discrimination and hostile work environment suit against appellees Nueces County, Texas, and Jim Kaelin, Sheriff, Nueces County, Texas. By three issues, Forge argues that the trial court erred in dismissing his case because the presentment requirement invoked by appellees, section 89.004 of the loc

This is an appeal from the trial court‟s dismissal of a suit based on a city‟s claim of sovereign immunity. The City of Beaumont declared Yvonne Como‟s commercial building a public nuisance and condemned the property. Como did not challenge the condemnation by filing a writ of certiorari, but she sued the City more than one year after the City demolished the building. The trial court granted

Relying mostly on their version of events, Craig Billings, a Murray County Oklahoma deputy sheriff, and Steve Watkins and Tony Simpson, police officers with the City of Sulphur, Oklahoma police department, appeal from the district court’s denial of their motion for summary judgment based on qualified immunity. But the Mascorros have a different version. Because, as the district court concluded,

Gloria Rodas’s appeal presents an important question about the meaning of a provision of the Illinois Good Samaritan Act, 745 ILCS 49/1 et seq., in a case that was removed to federal court under the federal officer removal statute, 28 U.S.C. § 1442. The state-law question is whether and under what circumstances the protections of the Good Samaritan Act turn on the business model physicians use

¶1 Gordon Todd Skinner was charged and convicted of Conspiracy to Commit Kidnapping AFCF, under 21 O.S.2001, § 421 (Count I); Kidnapping AFCF, under 21 O.S.2001, § 741 (Count II); and Assault and Battery with a Dangerous Weapon AFCF, under 21 O.S.2001, § 645 (Count III), in the District Court of Tulsa County, Case No. CF-2003-4213. 1 In accord with the jury’s recommendation, the Honorable

This case arises from a traffic stop for a seatbelt violation in which Los Angeles County Sheriff’s Deputy Richard Wells pepper sprayed Mark Anthony Young and struck him with a baton after Young exited his vehicle and disobeyed Wells’s order to reenter it. Young filed this action against Wells and the County of Los Angeles, claiming that Wells’s use of force was excessive under the Fourth Am

In this appeal, we consider whether the plaintiff properly exhausted his administrative remedies under the Federal Tort Claims Act (“FTCA” or the “Act”), 28 U.S.C. §§ 1346, 2671-80, see id. § 2675(a), where the federal agencies denied the plaintiff’s ad

In 2004, Vickie Fields was employed as a jailer in Miller County, Missouri. While at work one evening in July of that year, Fields was seriously injured by two inmates who took her hostage and attacked her after she honored their request to visit the jail’s law library.

Fields filed a civil rights action against Miller County, its sheriff, three of its county commissioners, and several ot

After her arrest and incarceration as a witness in a criminal proceeding, LaTasha Adams (“Adams”) brought suit in the United States District Court for the Eastern District of Michigan pursuant to 42 U.S.C. § 1983 against Karen Hanson (“Hanson”), an assistant prosecutor in Genesee County, Michigan, in her individual capacity. Hanson subpoenaed Adams to testify in state court during the pre

Shelton Modelist appeals the district court’s dismissal of his 42 U.S.C. § 1983 claim against several judges, attorneys, and banks involved in foreclosure proceedings against his property. Modelist alleged that the defendant-appellees conspired with each other to deprive him of his constitutional rights, including due process, equal protection, and his right of access to the courts. Modelist al

James N. Hutcherson, Jr., and Sharon T. Hutcherson appeal the district court’s orders granting summary judgment in favor of Officer Chae Lim on their state law tort claims and denying reconsideration. On appeal, the Hutchersons argue that the district court should have declined to exercise supplemental jurisdiction over their state law claims and that the court erred in granting summary judgment

The Illinois Department of Children and Family Services (“DCFS”) took fifteen-month-old Jaymz Hernandez away from his home and parents and into temporary protective custody. Jaymz and his parents, Crystelle and Joshua Hernandez, later sued the defendants-appellees, Lakesha Foster, a DCFS investigator; her supervisor, Pamela Foster-Stith; and Michael Ruppe, DCFS Assistant Regional Manager, alle