Immunity Law
 
Duane Horton v. Portsmouth Police Department

Duane Horton (plaintiff or Horton) appeals from a Superior Court grant of summary judgment in favor of the defendants, the Portsmouth Police Department (department) and various Town of Portsmouth officials (collectively, defendants), dismissing the plaintiff’s thirteen-count amended complaint alleging malicious prosecution, false arrest, false imprisonment, tortious denial of access to public re

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Linda Pereira v. Kevin Fitzgerald

The plaintiff, Linda Pereira, brought suit to recover damages for injuries she suffered when she fell at Kent Heights Park in East Providence. She now appeals from the entry of summary judgment in favor of the defendant, Kevin Fitzgerald, in his capacity as Treasurer of the City of East Providence (the city). This case came before the Supreme Court for oral argument pursuant to an order directing

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Arthur J. Toegemann v. City of Providence

The plaintiff, Arthur J. Toegemann, appeals pro se from a Superior Court entry of summary judgment in favor of the defendant, the City of Providence (the city). This negligence action arises out of the allegedly dangerous traffic conditions at an intersection in Providence, where the car that the plaintiff was driving collided with another motor vehicle on September 20, 2007. This case came before

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Tom Brady v. National Football League

This appeal arises from an action filed by nine professional football players and one prospective football player (“the Players”) against the National Football League and its thirty-two separately-owned clubs, more commonly known as football teams (collectively, “the NFL” or “the League”). On March 11, 2011, a collective bargaining agreement between the League and a union representing

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Gaetano "Tom" Alioto v. Town of Lisbon

Gaetano “Tom” Alioto filed a lawsuit against Wisconsin’s Town of Lisbon, its administrator, and the chief of its police department. Alioto maintains that, among other things, the defendants defamed him, subjected him to a hostile work environment, and violated his due process rights. According to the complaint, whose well-pleaded allegations we accept as true, Alioto suffered political payba

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Patsy Croom v. William F. Balkwill

On August 20, 2004, Patsy Croom was seized by law enforcement and detained for up to two hours while officers1 searched the residence of her son. Croom argues the officers’ actions violated her rights under the Fourth Amendment. The district court granted summary judgment in favor of the defendants, and Croom appeals.

I.

In August of 2004, Croom, a 63-year old retiree and Arkansas

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Suzanne Clark v. Iowa State University

Suzanne Clark was terminated from her position as a clerk-typist at Iowa State University on February 25, 2009. She filed a lawsuit, claiming that those responsible for the termination violated her rights under federal statutes, the Due Process and Equal Protection Clauses of the Fourteenth Amendment, and Iowa law. The district court dismissed Clark’s complaint in its entirety, and denied a moti

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Gary Quinnett v. State of Iowa

Gary Quinnett brought this suit under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001-1461, and the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601-2654, against the State of Iowa, the Iowa Department of Administrative Services (“DAS”), and two officials of the DAS. The district court2 dismissed all of Quinnett’s claims, and he appeals the court

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

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Shaon Bogan v. City of Chicago

Sharon Bogan brought this action under 42 U.S.C. § 1983, in which she claimed that two Chicago police officers, Matthew Breen and William Langley, had violated her rights under the Fourth Amendment of the Constitution of the United States when they entered and searched her home without a warrant. The case was tried before a jury, and the jury returned a verdict in the officers’ favor. Ms. Bogan

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Michael A. Brooks v. City of Aurora, Illinois

Michael Brooks brought this action under 42 U.S.C. § 1983 and Illinois law against the City of Aurora and several municipal police officers. The complaint alleged that the officers violated Mr. Brooks’s rights under the Fourth Amendment and state law when they arrested him for driving on a suspended license and for resisting a peace officer. The district court granted summary judgment in favor

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Natalie J. Charney v. City of Wildwood

Natalie J. Charney appeals from the District Court’s order granting summary judgment in favor of the City of Wildwood on her claim under the New Jersey Tort Claims Act. We will affirm.

I.

On August 25, 2006, at approximately 8:45 p.m., Charney was walking with her family on the boardwalk in Wildwood, New Jersey, when she tripped in a hole and fell.1 The hole, which was at the edge

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Rita L. Tristani v.Estelle Richman

In 1965, Congress amended the Social Security Act to create a program for states to assist the poor with their medical expenses. Through this program, known as Medicaid, the fifty states pay medical expenses on behalf of qualified beneficiaries. For more than thirty years, in circumstances where third parties are liable for such medical expenses, the Pennsylvania Department of Public Welfare (DPW)

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Pedro Ivan Revera v. Texas State Board of Medical Examiners

Pedro Ivan Rivera appeals the district court’s order dismissing his case. For the reasons that follow, we AFFIRM.

Although Dr. Rivera also argues on appeal that the District Court for the District of 1 Columbia erred in transferring his case, he did not properly appeal the order of transfer, and Case: 11-50030 Document: 00511529671 Page: 1 Date Filed: 07/05/2011

I.

Dr. River

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Germaine Bomar v. City of Pontiac

In this action brought under 42 U.S.C. § 1983, Plaintiff Germaine Bomar alleges that Officer Daniel Main, the sole remaining defendant, violated her clearly established right not to be subjected to excessive force. Bomar claims that Main pepper-sprayed her in the eye and punched her in the jaw—both after she had been successfully restrained and handcuffed. In the proceedings below, Defendants d

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Verizon New England, Inc., v. International Brotherhood of Electrical Workers, Local No. 2322

This appeal arises from a denial of injunctive relief against a union under Boys Markets, Inc. v. Retail Clerks Union, Local 770, 398 U.S. 235 (1970), and § 301 of the Labor-Management Relations Act (LMRA), 29 U.S.C. § 185, as well as a denial of declaratory relief concerning actions previously taken by that union. We affirm the denial of injunctive relief, vacate the denial of declaratory relie

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Jessica Bowwer v. AT&T Mobility

Jessica Bower appeals from the judgment entered after the trial court sustained without leave to amend the demurrer of AT&T Mobility, LLC, AT&T Inc. and AT&T Corporation (collectively, AT&T) in this action based on Bower‟s alleged payment of $15.50 as part of her purchase of a cellular telephone. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. Bower’s Original Complaint

On

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Joseph W. McMullen v. Maple Shade Township

This appeal involves a suit brought under 42 U.S.C. § 1983 by a New Jersey resident who was arrested by municipal police for violating a public intoxication ordinance. At issue is whether a federal cause of action exists when one is arrested for violating an ordinance that might be invalid under state law. We hold that it does not.

I

In October 2007, Joseph McMullen was arrested in

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Thomas Grassis, v. Detective Theodore L. Piers, Individually and as a Police Officer of the Town of Framingham; Detective William F. Delaney, individually and as a Police Officer of the Town of Framingham; John Doe, Supervisor, individually and as a Police Officer of the Town of Framingham,

Plaintiff-appellant Thomas Grassia brought this action against Theodore Piers and William Delaney, detectives in Framingham, Massachusetts ("Town"), their "John Doe" supervisor and the Town itself, contending that he had been arrested and prosecuted without probable cause. The district court granted the defendants' motion for summary judgment based on qualified immunity, finding no supported claim

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Thomas Grassia v. Detective Theodore L. Piers

Plaintiff-appellant Thomas Grassia brought this action against Theodore Piers and William Delaney, detectives in Framingham, Massachusetts ("Town"), their "John Doe" supervisor and the Town itself, contending that he had been arrested and prosecuted without probable cause. The district court granted the defendants' motion for summary judgment based on qualified immunity, finding no supported claim

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Larry Michaels v. CH2M Hill, Inc.

There was a catastrophic failure at the Spokane wastewater treatment plant. One man was killed, two others were severely injured. The survivors successfully sued an engineering firm that was working with the city at the time. We must decide whether that firm enjoys Industrial Insurance Act immunity under RCW 51.24.035. The appellants also challenge the trial judge's rulings on duty, cause

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Leta Trask v. Katchikan Gateway Borough

Leta Trask painted a religious message on her roof. Ketchikan Gateway Borough filed a complaint seeking to enjoin Trask from displaying the message, arguing that the message violated a borough ordinance prohibiting roof signs. Trask counterclaimed for relief under 42 U.S.C. § 1983, arguing that the Borough’s enforcement of the ordinance violated her right to free speech. The superior court conc

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J.M.S. and G.S and S.S v. J.W. and E.W.

Plaintiffs, J.M.S. and his former wife, S.S., are the paternal grandparents of J.W., born in 1999, and T.W., born in 2001; G.S. is J.M.S.'s current wife. Defendants, J.W. and E.W., are the adoptive parents and are cousins of the children's biological mother, J.M.1

This appeal requires us to consider plaintiffs' request for grandparent visitation where (1) plaintiffs were the children's temp

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Parker Jensen v. Kari Cunningham

¶1 This appeal is the latest stage in a protracted dispute between the State of Utah and Barbara and Daren Jensen regarding the proper medical care of the Jensens’ son, Parker. In it, we must balance the right of parents to direct the medical care of their child with the State’s interest in protecting the health and safety of children within its borders.

¶2 A doctor who was treating P

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Titus Regional Medical Center v. Glenna Virginia Roach

This appeal calls on us to address an oft-debated, but seldom crystal clear issue regarding a governmental entity’s immunity from suit. Glenna Virginia Roach (Roach) underwent surgery at Titus Regional Medical Center (Titus). After Roach’s surgery, she was taken to a hospital room and placed in a hospital bed. In her suit, Roach alleged that the hospital staff failed to raise the bed’s sa

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