Immunity Law
 
Lewisville Independent School District v. CH Townhomes, Inc.

Appellant Lewisville Independent School District (LISD) appeals an order denying its plea to the jurisdiction and motion to dismiss. Because we hold that tax code section 31.11 does not clearly and unambiguously express a legislative intent to waive governmental immunity from suit, we will reverse the trial court’s order and render judgment dismissing Appellee CH Townhomes, Inc.’s (CHT) suit

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Linda Jurek v. Gary E. Kivell

This appeal arises out of a long-running family dispute in which Linda Jurek fought over ownership of a home with her father, Joseph Forrest, in three separate lawsuits. In the first suit, Jurek entered into a mediation agreement with Forrest in which she agreed to a settle her claims. Jurek later brought this suit alleging that Forrest and his lawyer, Gary Kivell, fraudulently induced her to si

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Mark Horenian v. Marcel D. Washington

The plaintiff, Mark Horenian, appeals from the summary judgment rendered by the trial court in favor of the defendants, Marcel D. Washington and the city of Hartford (city), on all six counts of his revised complaint. On appeal, the plaintiff claims that several genuine issues of material fact exist and, therefore, that the court improperly granted the defendants’ motion for summary judgment.1 W

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Seata Stephens v. City of Akron

Police Officers Michael Miles and Joseph Sidoti appeal the district court’s denial of their motion for summary judgment on the basis of qualified immunity for events arising out of a tragic incident where they shot and killed Jeffery Stephens, Sr. Despite our repeated admonishment that a denial of a motion for qualified immunity may only be appealed if it is based on a pure issue of law, the Off

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Cheryl Rose Kuslick v. James Roszczewski

The plaintiff in this case, Cheryl Rose Kuslick, claims that the defendant, Michigan State Police Trooper James Roszczewski, fabricated a claim in a sworn affidavit that she frustrated the execution of a search warrant in order to obtain a warrant for her arrest on the charge of obstruction. Roszczewski maintains that he is immune from suit under the doctrine of qualified immunity, though he was d

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Rodney Graves v. Amber Bowles, et al.

Plaintiff-appellant Rodney Graves was arrested under the mistaken belief that he robbed the U.S. Bank in Glasgow, Kentucky on August 10, 2007.

The Glasgow police conducted the investigation that resulted in the warrant for Graves’s arrest, and the Kentucky State Police Special Response Team carried out that arrest on August 15, outside of Glasgow’s jurisdiction. The next day, police l

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Gabriele Nyenhuis v. Metropolitan District Commission

This appeal presents several significant issues with respect to the application of General Statutes (Rev. to 2009) § 53-39a,1 which ‘‘authorizes indemnification for economic loss, including legal fees, incurred by officers of local police departments who are prosecuted for crimes allegedly committed by them in the course of their duties when the charges against them are dismissed or th

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Dwayne Bonney v. Stephen Memorial Hospital

[¶1] This appeal stems from an incident in which a hospital security guard overheard a conversation between Dwayne and Debbie Bonney and emergency room nurses attending to them and then reported information from that conversation to local law enforcement officials. The report led police to interview the Bonneys and then obtain a warrant authorizing the search of the Bonneys’ residence, resultin

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Wayne M. Fournerat v. Wisconsin Law Review

Wayne M. Fournerat, a former Oklahoma-licensed attorney who proceeds pro se, appeals the district court’s orders granting defendants’ motions to dismiss. See Fed. R. Civ. P. 12(b)(1), (6). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I.

In his 110-page amended complaint, Mr. Fournerat brought claims under 42 U.S.C. §§ 1983 and 1985 against (1) the Wisconsin Law R

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Kendra Huckaby v. Terry Priest

Plaintiff-Appellant Kendra Huckaby (“Huckaby”) and Plaintiff-Appellee Faith Pierce (“Pierce”) (together with her husband Joseph Barton (“Barton”)) filed separate 42 U.S.C. § 1983 claims alleging that Defendants, City of Southgate police officers, violated a number of their state and federal rights as a result of their response to a neighbor’s erroneous call indicating that a breakin

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Michael S. Adams v. The Trustees of the University of North Carolina-Wilmington

Michael S. Adams appeals from the judgment of the District Court for the Eastern District of North Carolina awarding summary judgment to the sixteen defendants (collectively "Defendants"), each of whom is affiliated with Adams’ employer, the University of North Carolina-Wilmington ("UNCW" or "the University").1 Adams brought three claims against the Defendants alleging religious and speech-based

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State Farm Florida Insurance Company v. Rene Puig and Sylvia Puig

In their first-party bad faith action against State Farm Florida Insurance Company (“State Farm”), the plaintiffs, Rene and Sylvia Puig (“the Puigs”), moved to compel State Farm to produce its entire claim file. The trial court granted the Puigs’ motion, and State Farm now seeks a writ of certiorari quashing the trial court’s order. We conclude that the trial court misapplied the Flori

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Robert Punsky v. Clay County Board of County Commissioners and Scibal Associates

In this workers’ compensation appeal, claimant seeks review of an award of prevailing-party costs to the employer and carrier, contending that: (1) the judge of compensation claims erred in awarding costs totaling $8,992.93 because, to the extent the employer and carrier are entitled to costs at all, the award may not exceed $250 in cases where they prevail on the issue of compensability; and (2

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Jason Robidoux v. Michael Muholland; James Corporation D/B/A James Construction

Jason J. Robidoux sued James Corporation d/b/a James Construction ("James Construction") and Michael A. Muholland, Jr. (collectively "defendants") for personal injuries Robidoux suffered while working at a construction site. The district court allowed the defendants' motion for summary judgment, finding that the Rhode Island Workers' Compensation Act ("Rhode Island Act") applied to the action and

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Bill Grogan v. Kokh, LLC

¶1 Plaintiff Bill Grogan appeals the order of the district court granting the motion for summary judgment filed by KOKH, LLC, a foreign limited liability company, Andrew Spino, Jaime Cerreta, and Matt Austin (KOKH defendants). Oral Argument was conducted in this case on March 5, 2010. The appeal has been assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36 (b), 12 O.S.

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Copar Pumice Company, Inc. v. Allan Morris

New Mexico Environment Department (“NMED”) inspectors Allan Morris and David Yantos seek to appeal the denial of qualified immunity in this 42 U.S.C. § 1983 suit brought by Copar Pumice Co. (“Copar”).1 Morris and Yantos filed motions for summary judgment, which were denied based on the presence of disputed issues of material fact. The case proceeded to trial, after which appellants moved

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North Side State Bank v. Board of County Commissioners of Tulsa County

¶1 The dispositive issue before us is whether the board of county commissioners is liable to a bank on a court clerk's depository voucher (delivered to a lawyer in compliance with a court order and cashed at the bank upon a payee's forged endorsement) either (1) as the voucher's drawer under the Uniform Commercial Code's [UCC] "Impostor Rule"1 or (2) as a principal of the county treasurer or cour

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Carol A. Walters v. Flathead Concrete Products, Inc.

¶1 The Eleventh Judicial District Court, Flathead County, granted summary judgment to Flathead Concrete Products, Inc. (FCP), on the grounds that § 39-71-411, MCA, the exclusive remedy provision of the Workers’ Compensation Act (WCA or Act), bars Carol Walters’ (Walters) survivorship and wrongful death claims against FCP arising from the work-related death of her son, Timothy Walters (Tim).

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A.D. v. Stephen Markgraft

California Highway Patrol Officer Stephen Markgraf appeals the judgment following a jury trial in favor of A.D. and J.E. on their claim under 42 U.S.C. § 1983 that Markgraf violated their Fourteenth Amendment right to a familial relationship when he shot and killed their mother, Susan Eklund, at the end of a high-speed chase. The district court denied Markgraf’s motions for summary judgment and

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Crystal Coates v. Derrick Powell

Appellant Crystal Coates brought suit against Missouri State Highway Patrolman Derrick Powell, City of New Franklin Police Officer Jeff Glandon, and others, alleging § 1983 constitutional claims and state tort claims for events that occurred during the course of an investigation concerning alleged child neglect by Crystal Coates. Coates settled her claims against Powell and several other defendan

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Jason J. Robidoux v. Michael Muholland

Jason J. Robidoux sued James Corporation d/b/a James Construction ("James Construction") and Michael A. Muholland, Jr. (collectively "defendants") for personal injuries Robidoux suffered while working at a construction site. The district court allowed the defendants' motion for summary judgment, finding that the Rhode Island Workers' Compensation Act ("Rhode Island Act") applied to the action and

More...   $0 (04-08-2011 - MA)

Juan Lopera v. Town of Coventry

Former members of the Central Falls High School boys soccer team appeal from an entry of summary judgment for the Town of Coventry, Rhode Island, and Coventry police officers in this civil rights case. This dispute arises out of a police search of team members that followed a heated soccer match between Central Falls High School and Coventry High School in Coventry in 2006. Police searched all ind

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Erin Colleen Hart v. Ronald Miller

[¶ 1.] Plaintiff Erin Colleen Hart (Hart) appeals an order granting the motions for summary judgment of Defendants Ronald Miller (Miller) and Miller's supervisors1 (Supervisors) on Hart's 42 U.S.C. § 1983 claim and other state claims.2 Hart appeals. We affirm in part and reverse in part.

FACTS AND PROCEDURE

[¶ 2.] On February 17, 1996, at approximately 1:00 a

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Norman Norris v. Premier Integrity Solutions, Inc.

The primary issue in this case is whether the appellee Premier Integrity Solutions Inc. (“Premier”) subjected the appellant Norman Norris to an unreasonable search in violation of the Fourth Amendment when it required him to provide a urine sample (for a drug testing) while directly facing a Premier employee. Premier used this “direct observation” method for monitoring the provision of the

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Kendra Huckaby v. Terry Priest, Office, David Fobar, Officer, and Cullen, Sergeant

Plaintiff-Appellant Kendra Huckaby (“Huckaby”) and Plaintiff-Appellee Faith Pierce (“Pierce”) (together with her husband Joseph Barton (“Barton”)) filed separate 42 U.S.C. § 1983 claims alleging that Defendants, City of Southgate police officers, violated a number of their state and federal rights as a result of their response to a neighbor’s erroneous call indicating that a breakin

More...   $0 (04-05-2011 - MI)

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