Kenneth O. Kennedy was embroiled in a zoning dispute about the expansion of a strip mall next to his home. In May 2005, he approached Joseph Schutzman, a police officer and building inspector, in the Villa Hills city building. Refusing to speak to Kennedy, Schutzman left the city building.

Kennedy told nearby city workers in the building that “that son of a bitch [Schutzman] broke all of

Plaintiff Kenneth Howard appeals from the order of the district court granting summary judgment to the defendants in this civil rights action charging them with arresting Howard without probable cause and using excessive force in making the arrest. Howard filed his original complaint pro se in state court, raising various state tort and constitutional claims against Wayne County, the Wayne County

Plaintiff Diane Marie Meirthew brought this 42 U.S.C. § 1983 action against defendant police officer Robert Amore, asserting a single claim of excessive force. Amore’s motion for summary judgment based upon qualified immunity was denied by the

This case requires us to address an issue left open in Harris v. Suniga, 344 Or 301, 313, 180 P3d 12 (2008): Whether a claim for property damage arising from construction defects may lie in tort, in addition to contract, when the homeowner and builder are in a contractual relationship. Plaintiffs hired defendants(1) to build their house. Plaintiffs eventually discovered extensive water damage to t

This case arises from an alleged deprivation of due process in connection with the termination of a public employee. Because Appellee’s complaint contains no allegations that the named defendants committed constitutional violations against her, we REVERSE the district court’s denial of the motion to dismiss.

Appellee Higgenbotham worked as a sign language interpreter with the Clear Cree

This appeal involves the application of the Fourteenth Amendment‘s Due Process Clause to the suspension of policemen in Pennsylvania. Michael Schmidt, an officer in Pennsylvania‘s Capitol Police, claims that appellees, senior officers of the Capitol Police and officials of Pennsylvania‘s Department of General Services, violated his due process rights when they failed to provide him a hearing

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

Wendy Gonzalez Anaya, individually and as next friend of Christopher Gabriel Hernandez, deceased, and Jose Hernandez (collectively, Gonzalez Anaya) have moved for rehearing. We grant rehearing, withdraw our opinion and judgment of November 10, 2010, and issue the following in their stead.[1] Our disposition of the case remains unchanged. Geoffrey Zimmerman, M.D., challenges the trial court’s

In this case we must consider the First Amendment rights of a speech and language therapist working as a state contractor. Footnote Navigating the shoals of the standard articulated by the Supreme Court in Garcetti v. Ceballos, 547 U.S. 410 (2006), has proven to be tricky business, and particularly so in the context of a motion to dismiss, because the inquiry is so highly fact intensive and contex

¶1 The two issues presented by this appeal are: [1] Has Congress affirmatively ousted state courts of their concurrent jurisdiction to entertain contract actions involving land transactions between Indian buyers and state-created Indian housing authorities? and if not [2] Do the terms of the Mutual Help and Occupancy Agreement between the Indian plaintiffs and the state-created Indian housing aut

Plaintiffs Anthony Smith and his wife Theresa Smith appeal the district court’s grant of summary judgment to Defendant Santa Monica Police Sergeant Robert Almada on Smith’s claims for false arrest, malicious prosecution, and suppression of exculpatory evidence and on Theresa Smith’s substantive due process claim for deprivation of familial relations. In support of his action against Almada,

On the night of September 17, 2006, Shane Hayes was shot and killed inside his home by San Diego County Sheriff’s Deputies Mike King and Sue Geer. Hayes’s minor daughter filed suit against the deputies and the County of San Diego, alleging state and federal claims stemming from the incident. The district court granted Defendants summary judgment on all claims, and Plaintiff timely appealed. Fo

Plaintiff Rebecca Rodriguez (Rodriguez) appeals the district court’s grant of summary judgment to Shiawassee County Sheriff’s Deputy Thomas Passinault (Passinault) in this 42 U.S.C. § 1983 action alleging excessive force under the Fourth and Fourteenth Amendments. We REVERSE the district court’s determinations that no seizure occurred and that Passinault is entitled to qualified immunity, a

Jessica Whitfield is blind in one eye and has cerebral palsy. She began working as an administrative secretary with the Tennessee Department of Mental Health and Developmental Disabilities (“DMHDD”) on September 4, 2007. She was fired less than six months later and subsequently brought this action alleging unlawful employment discrimination under the Americans with Disabilities Act (“ADA”)

Kenneth O. Kennedy was embroiled in a zoning dispute about the expansion of a strip mall next to his home. In May 2005, he approached Joseph Schutzman, a police officer and building inspector, in the Villa Hills city building. Refusing to speak to Kennedy, Schutzman left the city building. Kennedy told nearby city workers in the building that “that son of a bitch [Schutzman] broke all of the zon

Deanna Blair Nickols appeals from the district court’s dismissal with prejudice of her civil rights claims, filed pursuant to 42 U.S.C. § 1983, against defendants Gary Morris and Dean Patrick Smith. She claimed that Morris unlawfully seized her when she was in her vehicle, both defendants utilized excessive force during her arrest, and she was deprived of proper medical care after she was booke

Appellees Celeste Pena, Ildefonso Hernandez, Jr., Ronaldo Raymond, Jr., Christopher Oliveira, and Dawn Gonzalez (collectively “the employees”) were employees of the City of Benavides (“the City”) until the City’s Mayor, Ernestina Gonzalez, terminated their employment. After they were terminated by the Mayor, the employees filed suit against the City seeking injunctive and declaratory re

Professional Resource Plus appeals from the trial court's order granting the plea to the jurisdiction filed by appellee University of Texas, Austin (the "University"). (1) Professional Resource Plus filed suit against the University, alleging breach of contract and violations of the Texas Deceptive Trade Practices Act (DTPA), see Tex. Bus. & Com. Code Ann. §§ 17.41-.63 (West 2002 & Supp. 2010).

Appellants Somchai Saramanee and Andrew Terrell Boggess appeal from the trial court’s grant of Appellee the Town of Northlake’s plea to the jurisdiction. In three issues, Saramanee and Boggess argue that they pled sufficient facts to establish a waiver of governmental immunity under section 101.021 of the Texas Tort Claims Act (TTCA), that Northlake did not produce evidence establishing that

Retired officers of the Gastonia, North Carolina Police Department appeal the district court’s judgment in favor of the City of Gastonia with respect to several claims arising from the failure of the Gastonia Policemen’s Supplemental Pension Fund (the "Fund"). The judgment incorporated by reference the court’s final Order, which dismissed the officers’ federal claim and granted summary jud

Plaintiff-appellant Allan Gerhart is a property owner and resident of Lake County, Montana. In 2007, Gerhart built an GERHART v. LAKE COUNTY MONTANA 3723 approach to Juniper Shores Lane, a county road that borders his property. Around the time Gerhart constructed his approach, he was informed by a County employee that the County requires permits for road approaches. Gerhart filed an approach permi

John E. Knudson alleges he suffered lung injuries while working on a construction site after he inhaled a significant amount of paint particulate. To recover damages, Knudson brought state-law claims in an action in Missouri state court against Randy Long, Systems Painters, Inc., Systems Painters & Drywall, LP, and Systems Painters & Drywall II, LP. (We refer to the last three defendants as a sing

Karim El-Ghazzawy brought suit against Officer Kay Berthiaume under 42 U.S.C. § 1983 for violating his constitutional rights after Berthiaume arrested El-Ghazzawy due to his alleged sale of counterfeit watches to a pawn shop. The district court1 denied Berthiaume’s motion for summary judgment, concluding she was not entitled to qualified immunity. Berthiaume contends the court erred because it

In January 2008, Teresa Siliven discovered bruises on her then-two-year-old son C.S.’s arm a few hours after picking him up from daycare at the home of Ashley Woods. Teresa’s husband Mark told her that he did not know how C.S. had gotten the bruises. The Silivens filed a child abuse report with the police. The case was referred to the Indiana Department of Child Services (“DCS”), and assig

Main Street Adoption Services, LLP and two of its officers (collectively, Main Street), none of whom are residents of Michigan, have filed this interlocutory appeal challenging the district court’s conclusions that (1) it has personal jurisdiction over Main Street regarding the various claims of the

1

Michigan plaintiffs, (2) venue is proper in the Eastern District of Michigan, and