Immunity Law
 
Garrett Operators, Inc., and George Thomas Cox v. City of Houston

Appellants Garrett Operators, Inc. and George Thomas Cox appeal the trial court’s grant of appellee City of Houston’s plea to the jurisdiction on all of appellants’ claims and of the City of Houston’s objections to appellants’ discovery requests and deposition notice. In five issues, appellants argue the trial court erred by (1) dismissing Garrett Operators’ inverse condemnation claim

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Nabil Bissada v. Arkansas Children's Hospital

Nabil K. Bissada, M.D., appeals the district court’s1 grant of summary judgment to Arkansas Children’s Hospital (ACH), Samuel Smith, Jonathan Bates, Robert D.B. Jaquiss, Timothy Martin, Michelle Moss, Bonnie Taylor, Robert Lyle, Sandra Taylor, Debra Barrow, Patti Higginbotham, and John and Jane Does 1-10 (collectively, appellees). Dr. Bissada, a pediatric urologist, alleged appellees engaged i

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Vernon J. Leftridge v. Connecticut State Trooper Officers $1283

Plaintiff pro se Vernon J. Leftridge, Jr., who commenced
3 the present action pursuant to 42 U. S. C. § 1983 and state law
4 against defendants Connecticut State Trooper #1283 ("Trooper 1283"
5 or "the Trooper") and various agencies of the State of Connecticut
6 (the "State"), appeals from a July 2, 2009 order of the United
7 States District Court for the District of Connectic

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Greg Porter v. Guadalupe Valdez

This interlocutory appeal challenges denial of a motion for judgment on the pleadings in a 42 U.S.C. § 1983 action by members of a sheriff’s department for claimed constitutional violations by Sheriff Guadalupe Valdez and Executive Chief Deputy Jesse Flores. Sued in their individual and official capacities, defendants contend: the individual-capacity claims are barred by qualified immunity; and

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April Gallop v. Richard Chaney

April Gallop (“Gallop”) appeals from a March 18, 2010 judgment of the United States District Court for the Southern District of New York (Denny Chin, Judge) dismissing her complaint asserting violations of her constitutional rights pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971), a common law tort of conspiracy to cause death and great bodily harm, and a violati

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Kevin Carter v. Lieutenant Steven Kirk

Kevin, Stacee, and Louis Carter appeal the district court’s grant of summary judgment in favor of defendants Joe Lang and Steven Kirk. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

The parties are familiar with the facts of this case, which we need not recite here.

After the Carters’ cattle were impounded, they brought this § 1983 suit against Lang and Kir

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Miriam Leverington v. City of Colorado Springs

For over a year, Plaintiff-Appellant Miriam Leverington worked as a cardiac nurse for the internal staffing agency of Memorial Health System (“Memorial”), which is an enterprise of the City of Colorado Springs (the “City”). However, Ms. Leverington was fired from her position after she told Colorado Springs Police Officer Duaine Peters, during a “less than cordial” traffic stop, that s

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John Garcia v. County of Merced

Defendants Alfredo Cardwood and John Taylor (the “Officers”) interlocutorily appeal the district court’s denial of qualified immunity from John Garcia’s 42 U.S.C. § 1983 Fourth Amendment claims against them. Garcia’s Fourth Amendment claims and his state law false imprisonment claim arose out of his arrest on suspicion of smuggling methamphetamine into the Merced County Jail to one of h

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GAY A. HUTTS v. WESTERN HEIGHTS INDEPENDENT SCHOOL DISTRICT NO. 1-41

¶1 Plaintiff/appellant Gay A. Hutts (Hutts), individually, and as parent and next friend of T.A.H., a minor (Student), appeals the trial court's judgment filed on September 24, 2010, granting the motion for summary judgment of defendant/appellee Western Heights Independent School District No. 1-41 of Oklahoma County (Western Heights). The issue presented on appeal concerns the following statute:<

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Gertrud Moreno v. Texas A&M University-Kingsville

Appellant Gertrud Moreno challenges the plea to the jurisdiction and summary judgment granted in favor of appellee Texas A&M University-Kingsville (TAMUK) on Moreno's claim for retaliatory discharge under the Texas Whistleblowers Act. See Tex. Gov't Code Ann. § 554.002 (West 2004). By two issues, Moreno argues that the trial court erred in granting TAMUK's: (1) motion for summary judgment beca

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Mitch Hayden v. Pontiac Police Officer Dwight Green

A motorist who leaves the scene of an accident, and then disregards a rather obvious police indication to stop his vehicle, should not be completely surprised when later he is forcibly removed from it. Officer Dwight Green removed Mitch Hayden from his vehicle under those circumstances here. We hold that Officer Green is entitled to immunity from suit, and we reverse the district court’s order t

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In re Baycol Cases I and II

The right to appeal in California is generally governed by the ―one final judgment‖ rule, under which most interlocutory orders are not appealable. (See Code Civ. Proc., § 904.1.)1 In Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695 (Daar), however, concerned that orders dismissing all class action claims might in some instances escape review, we adopted a ―death knell‖ doctrine that allowed a

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Brait Builders Corporation v. Commonwealth of Massachusetts, Division of Capital Asset Management

In this appeal, plaintiff-appellant Brait Builders Corporation ("Brait") challenges the district court's dismissal of its claims -- brought under 42 U.S.C. § 1983 and Massachusetts state law -- against the Commonwealth of Massachusetts, Division of Capital Asset Management ("DCAM"). The district court issued a judgment dismissing the § 1983 claim with prejudice under Federal Rule of Civil Proced

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Coleen Bagley, et al., v. Rod. R. Blagojevich, et al.,

A group of former captains fromthe Illinois Department of Corrections (IDOC) sued state and union officials alleging that the defendants unlawfully punished them for seeking to organize with a rival union. One of the defendants is former Illinois Governor Rod Blagojevich. Much of the litigation below, which began in June 2005, focused on plaintiffs’ efforts to depose Governor Blagojevich. After

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Lady Edwards v. City of Tomball

Appellant, Lady Edwards, filed this interlocutory appeal from the trial court’s granting of the Second Plea to the Jurisdiction filed by appellee, the City of Tomball (“Tomball”). Finding no error, we affirm.

Factual and Procedural Background

In Chapter 707 of the Texas Transportation Code, the Texas Legislature authorized municipalities to impose civil fines on owners of vehi

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Texas Department of Transportation v. Matthew Esters

A former employee of a state agency filed suit against the agency asserting various claims, including retaliation claims under Title VII,[2] section 21.055 of the Texas Labor Code,[3] and sections 1981 and 1983 of Title 42 of the United States Code.[4] The trial court denied the agency’s request that these retaliation claims be dismissed for lack of subject-matter jurisdiction based on the empl

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The City of Houston v. Maguire Oil Company

The City of Houston appeals from a judgment in favor of Maguire Oil Company and others[1] arising from an inverse condemnation claim predicated on the erroneous invocation of an inapplicable city ordinance to revoke Maguire’s natural gas drilling permit. We affirm the trial court’s judgment.

Background

The fight over Maguire’s thwarted effort to drill for natural gas near Lake

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Franklin Barnum v. Michele Ngakoue

Michele Ngakoue sued Franklin Barnum for injuries and damage sustained during a car accident. At the time of the accident, Barnum was working for the Texas Adjutant General's Office ("Adjutant General"). See Tex. Gov't Code Ann. §§ 431.021-.038 (West 2005 & Supp. 2010) (establishing office of Adjutant General). Shortly after Ngakoue filed suit, Barnum filed a motion to dismiss himself from the c

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City of North Richland Hills v. Home Town Urban Partners, Ltd.

In these consolidated interlocutory appeals, the City of North Richland Hills (the City) challenges the trial courts’ respective denials of the City’s partial pleas to the jurisdiction in the lawsuits filed against it by Appellees Hometown Urban Partners, Ltd. (Urban Partners), Arcadia Land Partners 25, Ltd., and Arcadia Holdings (collectively, Arcadia).[1] The City contends that governmental

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Max W. Coll, II v. First American Title Insurance Company

In this litigation, Plaintiffs challenge New Mexico’s statutory scheme regulating title insurance, arguing it is contrary to state law. Here, Plaintiffs appeal the district court’s decision dismissing their claims against several title insurance companies that have complied with this New Mexico law. Having jurisdiction pursuant to 28 U.S.C. § 1291, we AFFIRM.1

I. BACKGROUND

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Dee Henshaw v. Doug Bliss

Dee Henshaw appeals the district court decision granting summary judgment to the defendants in his 42 U.S.C. § 1983 civil-rights action against two Wayne County, Utah, deputy sheriffs who arrested him in the course of enforcing a facially valid order requiring Henshaw to stay away from his estranged wife’s residence. We affirm.

I.

Henshaw and his wife are involved in divorce proce

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Oswaldo Enrique Tobarl v. United States of America

Plaintiffs are Ecuadorian crew members of a fishing boat. The United States Coast Guard saw their boat in international waters near the Galapagos Islands and suspected it of involvement with smuggling drugs. The Coast Guard stopped Plaintiffs’ boat and boarded it. Tests performed on the vessel yielded suspicious but inconclusive results and, with the consent of the Ecuadorian government, the Coa

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Pamela D. Peak v. Outward Bound, Inc.

Pamela D. Peak, as the personal representative of the estate of the deceased, Dillon Peak, appeals the final order dismissing her wrongful death action against Outward Bound, Inc. Peak filed the action against Outward Bound and Paul Cronin for the wrongful death of her son which occurred when he was a resident of an Outward Bound facility in the summer of 2006. The trial court granted Outward Boun

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Fred Eppenberger v. Metropolitan St. Louis Sewer Distrcit

Fred Eppenberger, Maxine Smith, and William Bain (hereinafter and collectively, “Homeowner”) brought suit against Metropolitan Saint Louis Sewer District (hereinafter, “MSD”) for a known dangerous condition of the River des Peres and inverse condemnation in connection with the flooding of their homes. MSD filed a motion for summary judgment which was granted by the trial court. Homeowner b

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Albuquerque Commons Partnership v. City Council of the City of Albuquerque

{1} The issue presented in this appeal is whether NMSA 1978, Section 56-8-4(D) (2004), bars an award of post-judgment interest against the state and its political subdivisions when a plaintiff successfully establishes the deprivation of a federally protected constitutional right in violation of 42 U.S.C. § 1983 (2006) (Section 1983). If post-judgment interest is not barred, we must determine whet

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