Everett Cox III and Nan Ping Peng, parents of a middle
school student, appeal from a judgment of the United States
District Court for the Southern District of New York (Gwin,
J., sitting by designation) dismissing on summary judgment
their § 1983 complaint against Warwick Valley Central School
District and Principal John Kolesar. Cox and Peng appeal
1 the dismissal of: [1]

Under the totality of the circumstances, a search warrant issued to search a suspect’s home computer and electronic equipment lacks probable cause when (1) no evidence of possession or attempt to possess child pornography was submitted to the issuing magistrate; (2) no evidence was submitted to the magistrate regarding computer or electronics use by the suspect; and (3) the only evidence linking

When police searched her apartment and placed her under arrest during a drug raid, Linda Florek suffered a heart attack. She subsequently filed suit in federal court, naming as defendants the Village of Mundelein and several of its police officers.

Donovan Hansen is the only such officer who remains in the case on appeal. Florek contends that police unreasonably seized her within the meanin

Freddie McKnight (“McKnight”) filed a complaint in Elkhart Superior Court against Curtis Hill Jr. (“Hill”), the County Prosecutor, and William Wargo, Sr. (“Wargo”), an investigator for the Prosecutor‟s Office, for statements they made to the press concerning McKnight‟s identification of individuals involved in the Elkhart County drug trade. Specifically, McKnight claimed that Hill

Jacob Gordon‘s mother sued Howard Community Hospital, alleging it committed medical malpractice while caring for her son. In another count of the complaint, she sought separate damages for spoliation, saying the Hospital had lost certain medical records associated with Gordon‘s care and that this loss made it impossible for Gordon to pursue a medical malpractice claim against one of his doctor

25 This appeal raises a disparate-impact issue that was
26 expressly anticipated in Ricci v. DeStefano, 129 S. Ct. 2658
27 (2009), and which has arisen in the aftermath of that case.
28 The City of New Haven and the New Haven Civil Service
29 Board (“CSB”), which administer the city’s firefighter
30 promotion exams, had been concerned that white candidates
3
1 had

{¶ 1} Appellant, University of Toledo College of Medicine (“College of Medicine”), appeals the lower court’s decision that Dr. Marek Skoskiewicz is entitled to personal immunity in the medical-malpractice suit filed against him because he is an officer or employee of the state. For the reasons that follow, we conclude that Dr. Skoskiewicz is not an officer or employee of the state.

I

Appellant Bon Secours-St. Francis Xavier Hospital (the Hospital) was a defendant at trial[1] in the underlying civil case. On March 2, 2010, the morning of the trial, Appellants removed the case to federal court for the second time and on the same grounds as the initial removal. The federal district court judge again remanded the case to state court. Judge Baxley, the state trial judge, imposed

Pursuant to the Federal Tort Claims Act (the FTCA), Joan Najbar filed this lawsuit against the United States alleging four state-law causes of action. The district court granted the government’s motion to dismiss for lack of subject-matter jurisdiction, and Najbar appeals. We affirm, although on a ground different from that relied on by the district court.

I.

The government argues

The Fond du Lac Band of Lake Superior Chippewa (“Band”) sued the Commissioner of the Minnesota Department of Revenue to prevent taxation of the out-of-state pension income of Band members. The Band advances two arguments against the taxation: due process and preemption. The district court2 ruled for the Commissioner. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

The f

Robert L. Clark appeals the trial court’s denial of his motion to recuse following the trial court’s summary judgment entered in favor of Appellees Smith County District Attorney’s Office and Matt Bingham. Clark raises three issues on appeal. We affirm.



Background

Clark is an inmate. In May 2006, while incarcerated and proceeding pro se, Clark filed suit

Appellants filed a special appearance and claimed that the trial court should dismiss this lawsuit in accordance with the principle of comity. The trial court denied the special appearance. Because we are required to do so under the principle of comity, we reverse the order of the trial court, remand the cause to the trial court, and instruct the trial court to dismiss this proceeding.

Ba

Clifton Deadmon appeals the trial court's order granting Dallas Area Rapid Transit's plea to the jurisdiction and motion to dismiss the case with prejudice. In a single issue, he contends the trial court erred by granting DART's plea to the jurisdiction because DART waived its governmental immunity by asserting section 101.106 of the Texas Civil Practice and Remedies Code as a ground for dismissin

Paula Jackson is a special education support teacher for the Indian Prairie School District, where she is responsible for helping the general population teachers educate certain disabled students. One of the students assigned to Jackson was W.K., who had been diagnosed with autism. W.K. had a long history of verbal and physical outbursts, including hitting and scratching himself, other students, a

Appellant Bon Secours-St. Francis Xavier Hospital (the Hospital) was a defendant at trial[1] in the underlying civil case. On March 2, 2010, the morning of the trial, Appellants removed the case to federal court for the second time and on the same grounds as the initial removal. The federal district court judge again remanded the case to state court. Judge Baxley, the state trial judge, imposed

On July 1, 2007, the plaintiff, a 39-year-old father, husband and triathlete, was riding his bicycle in the designated bike path at the intersection of Cortland and Marcey in Chicago when his front tire hit and struck an uneven depression in the road surface. On June 20, 2007, a grinding crew had removed the top layer of asphalt leaving Commonwealth Edison vaults exposed. Five days later, on Jun

In an area of the Palos Verde Peninsula containing hills and an upper and lower portion. The accident occurred on a road which connects the upper and lower areas of the park. While bicycling from the upper area to the lower area, Hartt collided with a County-owned vehicle traveling in the opposite direction of Hartt. The vehicle was owned by the County of Los Angeles and operated by one Rickey Des

Brandy Brooks, Individually and as Next Friend of A.D., a Minor, appeals the trial court’s orders granting The University of Texas Medical Branch’s (UTMB) motion to dismiss and plea to the jurisdiction and Heather Sloan, M.D. and Angela Earhart, M.D.’s motion to dismiss. We dismiss, in part, and affirm, in part.

Background

On April 24, 2007, Brooks was admitted to UTMB in labo

Appellants Ken Halverson and Ken-Do Contracting, L.P. sued Appellees, the City of Waxahachie, the City of Midlothian, and the Midlothian-Waxahachie Airport Board, seeking a declaratory judgment and injunctive relief. Appellants asserted that Appellees had violated applicable competitive bidding statutes relating to the construction of airport hangars. The construction project was completed witho

O P I N I O N

A little more than fifty years ago, the Porretto family began acquiring tracts of beachfront property on Galveston Island, gulfward of the seawall. The family eventually came to own the strip of property along the shoreline between 6th and 27th Streets. They turned the property between 6th and 10th Streets into Porretto Beach and provided paid parking and concessions for bea

The parties here challenge us to interpret the pre-suit notice requirement of the 2007 iteration of the Local Government Tort Claims Act (“LGTCA”). Petitioner, Jerry Hansen (“Hansen”), asserts that 1 he complied, strictly or at least substantially, with the required notice provision of the LGTCA as regards Prince George’s County (notice of a claim must be served on the county solicitor o

This appeal requires us to consider the contours of the ministerial exception, under the first amendment to the United States constitution,1 to Connecticut courts’ subject matter jurisdiction over certain employment related claims brought against religious institutions. The plaintiff, Patricia Dayner, brought this action against the defendants, the Archdiocese of Hartford (archdiocese) and Fathe

Near Geneseo, New York on January 19, 2005 a charter bus carrying members of an Ontario women's hockey team plowed into the rear-end of a tractor-trailer parked on the shoulder of the highway. Three bus passengers and the trailer's driver died; several bus passengers were seriously hurt. We are called upon to decide the choice-of-law issue presented by these six lawsuits, which were brought to rec

In 1971, William Carlo Jachetta applied for a 160-acre Native allotment comprised of two parcels (Parcel A and Parcel B) but, because of an error of the United States government, his application was initially processed only as a request for Parcel A, which the Bureau of Land Management (“BLM”) issued to Jachetta in 1986. In 2004, after long and complicated administrative proceedings, the BLM f

The Fourth Amendment guarantees the right of the people to be secure against unreasonable searches and seizures. This case is about a seizure and presents questions of whether and how the Constitution’s guarantee applies in the case of a material witness who was jailed for weeks on end, even though the date of the trial in which she was to testify had been pushed back several months. We hold tha