Immunity Law
 
Dana Holland v. City of Chicago

In 1993 Dana Holland was arrested and subsequently charged with sexually assaulting Dionne Stanley. Four years later, in 1997, he was convicted in Cook County Circuit Court after a bench trial. He received a stiff sentence: three consecutive 30- year terms to begin after he completed a 28-year sentence he was serving on an unrelated conviction. In 2002 new DNA testing of a vaginal swab taken from

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City of Austin, Texas v. Librada Albarra

Librada Albarran sued the City of Austin (City) for money damages, alleging that it was vicariously liable for negligence and negligence per se of Austin Police Department (APD) Officer Scott Garner that had proximately caused an automobile accident resulting in personal injury and property damage to her. (1) She relied on the waiver of the City's governmental immunity created by section 101.021(1

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Deputy Corey Alexander and Sergeant Jimmie Cook v. April Walker

April Walker sued Harris County Sheriff’s Department Deputy Corey Alexander and Sergeant Jimmie Cook for assault, conspiracy, slander, false arrest, false imprisonment, and malicious prosecution. Several weeks later, Walker sued Harris County in federal court for the same claims that she asserted against the officers, based on vicarious liability, and for violation of sections 1983 and 1988. S

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Loida Coral v. Garrard Crane Service, Inc.

Loida Coral, as personal representative for the estate of Wilfredo Carlitos Coral, challenges the trial court's order granting final summary judgment in favor of Garrard Carpentry, Inc. (Carpentry), and Garrard Crane Service, Inc. (Crane). Because we cannot determine whether all of the factual issues in Ms. Coral's complaint are resolved and because there remain disputed issues of fact regarding C

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Sandra Roberts v. Jason Spielman

Plaintiff Sandra Roberts brought this suit against Defendant Jason Spielman, a deputy with the Peach County, Georgia Sheriff’s office, under 42 U.S.C. § 1983, alleging that Deputy Spielman violated her right to be free from unreasonable searches and seizures under the Fourth and Fourteenth Amendments to the United States Constitution. Deputy Spielman moved for summary judgment based on qualifie

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Collie M. Trant v. State of Oklahoma

After his termination as Chief Medical Examiner for the State of Oklahoma (CME), plaintiff Collie M. Trant filed suit in state court against various entities and officers, claiming that his termination violated state and federal law. Citing the presence of federal claims brought against individual officers under 42 U.S.C. § 1983, defendants removed the action to federal court, see 28 U.S.C. § 14

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David Gardner v. Joel Ritchie

On September 24, 2007, Kansas City, Missouri, police officer Joel Ritchie shot and injured David Gardner. Gardner brought this action under 42 U.S.C. § 1983 and various state-law theories against Ritchie, several other police officers, the police chief, the Board of Police Commissioners of Kansas City, and the individual members of the Board. The district court granted Ritchie’s motion for summ

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James E. Jennings, Jr. v. Houston Patton

In this action under 42 U.S.C. § 1983, James Jennings sued Judge Houston Patton, a county judge in Mississippi, for allegedly causing Jennings to be prosecuted without probable cause. Judge Patton moved to dismiss, or in the alternative for summary judgment, arguing in part that he was entitled to judicial immunity and qualified immunity. The district court denied Judge Patton’s motion, conclud

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Brenda A. Bosley v. Mineral County Commission

West Virginia, County Sheriff Craig Fraley, and his Chief Deputy, Paul Sabin, challenge the district court’s award of attorney’s fees and costs under 42 U.S.C. § 1988 to Appellee Brenda A. Bosley. Appellants do not challenge the calculation, the amount or the reasonableness of the award; nor do they dispute that Appellee was a "prevailing party" under § 1988(b). Rather, they contend more nar

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Justin Layshock v. Hermitage School District

We are asked to determine if a school district can punish a student for expressive conduct that originated outside of the schoolhouse, did not disturb the school environment and was not related to any school sponsored event. We hold that, under these circumstances, the First Amendment prohibits the school from reaching beyond the schoolyard to impose what might otherwise be appropriate discipline.

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Sonny B. Southerland, Sr. v. City of New York

This lawsuit involves a man and a woman -- the 19 plaintiff Sonny B. Southerland Sr. ("Southerland") and non-party 20 Diane Manning -- two groups of children, and a caseworker's 21 apparent confusion between the two groups. Plaintiff Ciara 22 Manning is the daughter of Southerland and Diane Manning. Ciara 23 was supposed to be living with Southerland at the time in 24 question, but in fact had lef

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Thomas Mlodzinski v. Michael F. Lewis

This § 1983 action alleges that on August 2, 2006, defendant law enforcement officers from the Bristol, New Hampshire police force and the Central New Hampshire Special Operations Unit (CNHSOU) used excessive force in executing search and arrest warrants. Plaintiffs, who are family members of the suspect arrested, allege that their Fourth Amendment rights were violated by the officers' treatment

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City of San Antonio v. James Caruso

This is an interlocutory appeal arising out of a suit for back pay and monetary benefits brought by the San Antonio Airport Police Officers Association and thirty-two airport police officers (“Appellees”). The City of San Antonio appeals the partial denial of its plea to the jurisdiction. We affirm the trial court’s judgment.

BACKGROUND



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City of Houston v. Gloria Esparza

The City of Houston files this interlocutory appeal from the trial court’s denial of its plea to the jurisdiction. Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (West 2008) (authorizing interlocutory appeal from denial of governmental unit’s plea to the jurisdiction). We hold that the election-of-remedies provision of the Tort Claims Act bars Gloria Esparza’s claims a

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Richard Loweke v. Ann Arbor Ceiling & Partitiion Co., L.L.C.

Plaintiff, an employee of an electrical subcontractor, was injured at a construction site when several cement boards fell on him. The boards had been leaned against a wall by employees of defendant, a carpentry and drywall subcontractor, which, like plaintiff’s employer, had been hired by a general contractor to work on the construction project.

Plaintiff sued defendant for negligence and

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Sherif Kodsy v. Michigan Department of Transportation

Plaintiff appeals as of right the trial court’s order granting defendant’s motion for summary disposition. We affirm.

On July 1, 2008, plaintiff was injured in a car accident at the northwest intersection of Woodward Avenue and Eight Mile Road, and filed a complaint against defendant seeking damages for his injuries. In response to plaintiff’s complaint, defendant sought dismissal on

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Eric T. Roth v. Henry Guzman

Defendants Henry Guzman, Director of the Ohio Department of Public Safety, and Mike Rankin, Registrar of the Ohio Bureau of Motor Vehicles, appeal from the district court’s determination that they were not entitled to qualified immunity from suit in this putative class action alleging violation of the plaintiffs’ rights under the federal Driver’s Privacy Protection Act (DPPA), 18 U.S.C. §§

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Kevin Antoione Mitchell v. Housing Authority of Baltimore City

In the Circuit Court for Baltimore City, Kevin Antoine Mitchell, the appellant, sued the Housing Authority of Baltimore City (“HABC”), the appellee, for damages for injuries he allegedly sustained due to childhood lead paint poisoning. The HABC moved for summary judgment on the ground that neither Mitchell nor a representative had satisfied the notice requirements of the Local Government Tort

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Betty Bantum v. New Castle County Vo-Tech Education Association

Title 14, section 1056(h) of the Delaware Code provides that “[a]ny school board which permits the use of public school property for any use other than for public school use shall not be liable in tort for any damages by reason of negligence in the construction or maintenance of such property.” Plaintiff- Below/Appellant, Betty Bantum, allegedly suffered injuries when she slipped and fell on a

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Kevin Chambers v. St. Louis County, Missouri

Appellant Kevin Chambers brought this action against three law enforcement officers pursuant to 42 U.S.C. § 1983. He alleged that the officers violated his rights under the Fourth Amendment by using excessive force against him during and shortly after his arrest. The district court concluded that Chambers’s failure to show greater than de minimis injury was fatal to his claim and dismissed the

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David Gardner v. Joel Ritchie

On September 24, 2007, Kansas City, Missouri, police officer Joel Ritchie shot and injured David Gardner. Gardner brought this action under 42 U.S.C. § 1983 and various state-law theories against Ritchie, several other police officers, the police chief, the Board of Police Commissioners of Kansas City, and the individual members of the Board. The district court granted Ritchie’s motion for summ

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Richard Chudacoff, M.D. v. University Medical Center of Southern Nevada

Richard Chudacoff, M.D. (“Chudacoff”) appeals the grant of summary judgment (the “November Order”) in his civil rights action arising from the suspension of his medical staff privileges at the University Medical Center of Southern Nevada (“UMC”), a county hospital organized under the laws of Nevada, as well as the denial of his motion for leave to file a third amended complaint asserti

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Michael Lacey v. Joseph M. Arpaio

This case arose from the controversial late-night arrests and subsequent release of two Phoenix newspaper executives. As a result, Michael Lacey, Jim Larkin, and Phoenix New Times, LLC (Plaintiffs) sued various officials connected with the Maricopa County Attorney’s Office and the Sheriff’s Office, including the county attorney, the sheriff, and a special prosecutor. They alleged the special p

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Joseph Soracco v. Williams Scotsman

The plaintiffs, Joseph Soracco (Soracco) and his spouse, Cheryl Soracco, and the defendant Williams Scotsman, Inc.,1 appeal from the decision of the trial court, entered in favor of the intervening plaintiff, Manafort Brothers, Inc. (Manafort), denying their joint motion for judgment to enforce a settlement agreement that they reached to resolve the action brought by the plaintiffs against the def

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Sarah Coe v. Board of Education of The Town of Watertown

The plaintiffs, Sarah Coe (Coe) and Mary Ellen Coe, brought this action against the defendants, 1 the board of education of the town of Watertown (board), the town of Watertown (town), and Theresa Gregoire and Mary Jean Mangione, teachers employed by the board, claiming that, as the result of the defendants’ negligence, Coe had severely injured her foot at a school dance sponsored by the board.

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AK Morlan
Kent Morlan, Esq.
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