Plaintiff William Ray Costello, pro se, alleged that
23 his First Amendment right to free speech was violated when
24 Defendant Sgt. John Lewis of the Burlington Police
25 Department issued Costello a written warning pursuant to a
26 city noise control ordinance that prohibits “any person to
27 make or cause to be made any loud or unreasonable noise.”
3
1 Burlington

Monte Strother and Joan Strother (the Strothers), individually and as representatives for all other wrongful death beneficiaries, and as heirs at law and representatives of the estate of Tracy Lynn King, deceased, appeal the trial court’s order granting the City of Tyler’s plea to the jurisdiction and dismissing their case. The Strothers raise three issues on appeal. We affirm.


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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

In one issue, Appellants Linell Redden, individually and as representative of the estate of Robert Jones Redden, deceased; Sabre Marie Redden; and Sean Michael Redden (collectively, “Appellants”) complain that the trial court erred by granting Appellee Denton County’s plea to the jurisdiction. We affirm.

II. Background

Appellants sued Denton County under the Texas T

Appellant, the City of North Richland Hills (the City), brings this interlocutory appeal from the trial court’s denial of its plea to the jurisdiction in the lawsuit filed against it by Appellees Laura Friend, Individually and as Personal Representative of the Estate of Sarah Elizabeth Friend, Deceased, and Luther Friend, Individually (collectively, the Friends). The City contends in one issue

The plaintiffs in this action were property owners in the Holly Woods Development in Greenville or members of the Holly Woods Association of Residence Owners (the Association). The Association brought suit against the property developers in 2005. After a trial, the jury awarded the Association $971,000 in actual damages for its negligence claim and $1 for the breach of implied warranty of workma

Karen Harris appeals the jury's verdict in favor of the University of South Carolina (the University) on her negligence claim for damages resulting from injuries she suffered in a fall on University property. Harris argues the trial court erred in (1) charging the jury on the Limitation on Liability of Landowners Act, commonly known as the Recreational Use Statute (the RUS)[1], (2) charging she c

In this appeal, we consider whether 8 VAC § 35-60-20, a George Mason University regulation governing the possession of weapons on its campus, violates the Constitution of Virginia or the United States Constitution.

I.

Background

Rudolph DiGiacinto filed a complaint seeking declaratory judgment and injunctive relief against the Rector and Visitors of George Mason University (c

Alan Nogiec, a former director of the Parks and Recreation Department of Isle of Wight County (County), sued the County for breach of contract and its assistant administrator, Patrick Small, for defamation. A jury found for Nogiec on both claims, and the County and Small appealed. We granted review to consider two questions: first, whether the evidence on damages was sufficient to support the jury

This appeal requires us to consider the circumstances under which a litigant who obtains significant relief through a court-approved settlement, rather than a verdict or a formal consent decree, may achieve "prevailing party" status and, thus, become eligible for an award of attorneys' fees under a typical federal fee-shifting statute. The appeal also requires us to consider when, short of the ent

Since 2003, Kenneth L. Smith has been filing unsuccessful cases and appeals in federal court, all of which “can be traced to the Colorado Supreme Court’s denial of his application for admission to the Colorado bar after he refused to submit to a mental status examination.” Smith v. Krieger, 389 F. App’x 789, 791 (10th Cir. 2010), petition for cert. filed (U.S. Dec. 21, 2010) (No. 10-837).1

Plaintiff Lee Roy Romero commenced this civil rights/state tort action in New Mexico following a warrantless arrest from his home by defendant state police officer Eric Schum for the misdemeanor offense of concealing identity, N. M. Stat. Ann. § 30-22-3. After the action was removed to federal court, both parties moved for summary judgment. The district court formally denied the motions, though i

This case asks us to decide whether a local government is immune from tort liability under Colorado law. While Colorado law generally shields public entities from liability, it permits suits to proceed if and when they negligently “maintain” a public facility. Holding that this “maintenance” exception applied to the facts of this case, the district court allowed this lawsuit to proceed. We

Tim Dempsey, the former Chief of Police for Elkhorn, Nebraska, appeals the district court's denial of his First Amendment retaliation claims against the City of Omaha. The events giving rise to this action occurred in the context of Omaha's contested and protracted annexation of Elkhorn. Throughout and following this process, Omaha hired most Elkhorn employees who sought employment with Omaha.

Martin E. Cooper III sued Thomas Martin, individually, and in his official capacity as chief investigator for Crittenden County Sheriff Richard E. Busby (also sued in his official capacity), and Crittenden County, Arkansas (collectively the “defendants”). Cooper seeks relief under 42 U.S.C. § 1983, the Arkansas Civil Rights Act (the “ACRA”), and Arkansas tort law. The district court denie

Amerind Risk Management Corporation (Amerind) is a federally chartered corporation that assumed the rights and obligations of its tribally chartered predecessor, also named Amerind Risk Management Corporation (ARMC). Amerind appeals the federal district court's adverse grant of summary judgment in this declaratory judgment action. Amerind sought a determination in federal district court that the T

Plaintiff-Appellant, Mouhamadou M. Sow, was arrested for forgery based upon information that he tried to cash a fake money order. Plaintiff was later able to produce a receipt for the money order and the charge against him was dismissed. On July 24, 2008, he filed a Complaint in the Southern District of Indiana. Plaintiff named as Defendants: the United States of America, U.S. Postal Employees Lyn

Sergeant Randy Mucha was arrested in 2006 for unlawfully requesting a criminal background check. After the prosecutors dropped all charges against him, Mucha filed a series of complaints in both federal and state court. The only federal claim to survive the defendants’ motions to dismiss was Mucha’s false arrest claim. Upon the parties’ cross motions for summary judgment, the district court

The appeal in this wrongful death action requires us to define the potential liability of architectural parties in the circumstances of a large construction project, an extensive contract for their services, and the involvement of multiple codefendants. It presents a challenging exercise in civil procedure.

On August 4, 2004, Roger LeBlanc, a maintenance electrician employed by the Massachu

Plaintiff Jerry T. Coble (“Coble”) appeals the district court’s entry of summary judgment in favor of Officer Curtis Carney, Jr. on Coble’s claim under 42 U.S.C. § 1983 that Officer Carney used excessive force against him during his arrest for drunk driving.1 The issue on appeal is whether the district court erred in finding that there was no question of fact for trial because Coble’s t

The former principal of Jefferson County, Tennessee’s alternative school and two former teachers at the school (collectively, “the teachers”) allege that, by closing the county’s public alternative school and contracting with Kingswood Academy (“Kingswood”) to provide alternative-school services for public-school students, the Jefferson County Board of School Commissioners and its memb

Orlando Regional Healthcare System, Inc. ("Orlando Regional"), seeks certiorari review of an order denying its motion for summary judgment. Because the trial court denied a claim for statutory immunity from suit under Florida's Birth-Related Neurological Injury Compensation Act ("NICA"),1 certiorari jurisdiction is appropriate. See Pediatrix Med. Grp. of Fla., Inc. v. Falconer, 31 So. 3d 310 (Fla.

Steven Witt brought this § 1983 Fourth Amendment excessive force case against the West Virginia State Police and three troopers. After dismissing Witt’s claims against the State Police and the troopers in their official capacity, the district court refused to grant summary judgment to the troopers in their individual capacity. Contending that qualified immunity protects them from suit, the troo

Raul Garza appeals from the trial court’s order granting Harris County’s plea to the jurisdiction. The trial court found that the County was entitled to governmental immunity based on the official immunity of one of its employees. In a single issue, Garza argues that the trial court erred in granting the plea because the employee was not performing a discretionary function. We reverse and r

This is an appeal from the denial of a plea to the jurisdiction. In two issues, the University of Texas at San Antonio (“UTSA”) argues that the trial court erred in denying its plea to the jurisdiction because Cathy Wells did not plead and cannot show that (1) she made a good faith report of a violation of law, and (2) she reported a violation of law to an appropriate law enforcement agency as