Edward G. Smith v. Dorough of Dunmore |
Edward Smith appeals the order of the United States District Court for the Middle District of Pennsylvania granting summary judgment against him on his due process claims under 42 U.S.C. § 1983 and on his state law defamation and right of privacy claims. Smith also appeals the District Court’s judgment as a matter of law on his claim for punitive damages arising from a § 1983 retaliation claim $0 (01-25-2011 - PA) |
Byron D. Neely, M.D., P.A. v. Nanci Wilson; CBS Stations Group of Texas, L.P. |
Following an Austin television station's broadcast of an "investigative" news report that negatively portrayed his work as a neurosurgeon, Dr. Byron Neely and the professional association through which he practiced, Byron D. Neely, P.A. (collectively "Neely," except when the distinction is relevant), asserted causes of action for libel against the reporter who had written and presented the story, $0 (02-11-2011 - ) |
Martha Sullivan and Dennis Sullivan v. The City of Fort Worth, Texas |
Appellants Martha and Dennis Sullivan (the Sullivans) appeal the trial court’s order granting the City of Fort Worth’s (the City) plea to the jurisdiction. The City claimed governmental immunity from the Sullivans’ claims. |
William Wilson v. City of Aurora |
William Wilson appeals the district court’s decision that his 42 U.S.C. § 1983 claims are time-barred. Exercising jurisdiction under 28 U.S.C. § 1291, we AFFIRM. |
George Davidson v. Jesyca Hood Davidson |
George Davidson (Davidson) appeals from the district court’s orders dismissing his complaint as to respondent John Prior (Prior); granting summary judgment as to respondent Benjamin Puckett (Benjamin), and partial summary judgment as to respondent Jesyca Hood Davidson (Jesyca); as well as dismissing the remainder of his claims against respondents Jesyca and Kathy Guthrie (Kathy). |
State Highway Commission v. City of Topeka |
The sole question presented is whether the city of Topeka, a municipal corporation, has authority to subject real property owned by the State Highway Commission to special assessment for public improvements. |
Randall J. Stewart v. Norman Kralman |
Plaintiff was severely injured while riding his snowmobile on defendant's land. Plaintiff appeals a judgment that dismissed his negligence action on summary judgment on alternative theories. First, the trial court concluded that defendant was immune from liability under ORS 105.682(1) because plaintiff's injuries arose out of his use of defendant's land for a recreational purpose. Second, the tria $0 (02-02-2011 - OR) |
Richard Clairmont v. Sound Mental Health |
In this First Amendment retaliation case, Richard Clairmont appeals the district court’s grant of summary judgment to Defendant Joni Wilson, the Manager of Probation Services at the Seattle Municipal Court. Before filing suit, Clairmont was employed as a domestic violence counselor for Sound Mental Health, a private company that provides domestic violence prevention treatment programs to crimina $0 (01-19-2011 - WA) |
Richard Mathis v. County of Lyon |
This case concerns the actions of Richard Glover, the Public Administrator of Lyon County, Nevada, after the death of Joe Mathis. Before us is an interlocutory appeal based only on the allegations in the complaint denying qualified immunity for Glover’s actions in entering Joe Mathis’s home without a warrant and failing to give notice to his sons before doing so. |
Steven Schueller v. Richard Goddard |
Steven C. Schueller, M.D., appeals the district court’s1 grant of summary judgment to Richard L. Goddard, CEO of Drew Memorial Hospital, and various Drew Memorial Hospital board members, all in their official capacities (collectively, Drew Memorial). Dr. Schueller claims Drew Memorial violated his due process rights and interfered with his business expectancy by requesting he no longer serve as $0 (02-01-2011 - AR) |
Sandra Landsman v. Auto Showcase Motorcars of Palm Beach, LLC |
In this matter we decide whether the trial court erred in granting a motion to dismiss Carolyn Edwards’s third-party complaint for conversion against Sandra Landsman, the owner/managing agent of Auto Showcase Motorcars of Palm Beach, LLC (“Auto Showcase”). The trial court, without explanation, dismissed Edwards’s third-party complaint against Landsman along with all of her counterclaims ag $0 (01-12-2011 - FL) |
Lawnwood Medical Center, Inc. v. Anil Desai, M.D. |
A hospital appeals a temporary injunction permitting a doctor, for whom reappointment of privileges was denied, to continue to practice at the hospital during the pendency of the doctor’s civil suit against the hospital. The hospital argues the trial court erred in entering the injunction because it is immune from liability under section 395.0191, Florida Statutes (2009).1 We agree and reverse t $0 (01-26-2011 - FL) |
Richard Furtado v. Jason Yun Chung Law |
In this age of increased awareness of mental health issues, there is still so much to be done to ensure the safety of the public as well as those suffering from mental illness. This case illustrates why. The plaintiff appeals a summary judgment in favor of the Sheriff and a deputy, which resulted from the shooting death of the plaintiff’s wife during the execution of a Baker Act certificate.1 Fo $0 (02-02-2011 - FL) |
Sandy Roe v. Willard O. Elyea amd Michael Puisis |
Edward Roe, Anthony Stasiak, Timothy Stephen and Jonathan Walker are current and former inmates of the Illinois Department of Corrections (“IDOC”) who were diagnosed with hepatitis C during or prior to their time in IDOC custody. After unsuccessful attempts to obtain certain medical services for their disease while incarcerated, they brought this action against Dr. Willard Elyea, the former Me $0 (01-28-2011 - IL) |
Jeffery A. Lawson v. Robert Veruchi |
Jeffery A. Lawson (“Jeffery A.”) was arrested for assaulting Kimberly Colvin and held in jail for more than one month before he was released when police learned the alleged culprit was really Jeffrey W. Lawson (“Jeffrey W.”). Following his release, Jeffery A. sued the officer who swore out his arrest warrant, Rockford Police Detective Robert Veruchi, as well as the City of Rockford (“Roc $0 (01-28-2011 - IL) |
Joseph Caceres v. The Port Authority of New York and New Jersey |
Plaintiff-Appellant-Cross-Appellee Joseph Caceres was a |
Daniel Stahl v. Tenet Health Systems, Inc. d/b/a Hialeah Hospital |
Daniel Stahl (“the plaintiff”) appeals from an adverse final judgment following the trial court’s order granting the defendant’s, Tenet Health Systems, Inc. (“Tenet”), motion to dismiss the plaintiff’s complaint with prejudice. We affirm. |
Russell A. Bishop v. Mark A. Hackel |
Plaintiff-appellee Russell A. Bishop filed a claim under 42 U.S.C. § 1983 against various personnel at the Macomb County Jail, alleging that he suffered sexual abuse by another inmate as a result of their deliberate indifference to his safety needs in violation of the Eighth Amendment. The jail personnel sought summary judgment on the basis of qualified immunity. The district court denied the mot $0 (02-01-2011 - MI) |
Jane Doe v. Dean Boland |
In the course of preparing expert testimony and exhibits for a criminal trial, Dean Boland downloaded images of children from a stock photo website, digitally “morphed” them into pornography, then used the images to help his clients resist child pornography charges in federal and state courts. Boland’s actions, as it turned out, created potential problems of their own. On the criminal side, $0 (01-19-2011 - OH) |
Kendra Owen v. I.C. System, Inc. |
Plaintiff Kendra J. Owen (“Owen”) sued I.C. System, Inc. (“ICS”), a debt collection company, for alleged violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. The district court denied Owen’s motion for summary judgment and granted ICS’s motion for summary judgment based on its affirmative defense of “bona fide error” under 15 U.S.C. § 1692k $0 (01-07-2011 - GA) |
Sara Castle v. Appalachian Technical College |
We previously issued an opinion in this case. Castle v. Appalachian Technical Coll., No.10-11546, slip op. (11th Cir. Dec. 21, 2010). However, the panel, on its own motion, has decided to vacate that opinion and substitute this one in its place in order to clarify the meaning of one sentence. The only change is to insert the word, “even,” at the start of the following sentence, in Part II: “ $0 (01-27-2011 - GA) |
Mike Leach v. Texas Tech University |
All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may th $0 (01-20-2011 - TX) |
Tamara Timmons v. University Medical Center |
Tamara Timmons appeals from the trial court’s order granting University Medical Center’s plea to the jurisdiction. We will affirm. |
Michael H. Goldbaum |
The California Constitution (art. IX, § 9, subd. (a)) grants the Regents of the University of California (the Regents) " 'broad powers to organize and govern the university and limits the Legislature's power to regulate either the university or the [R]egents.' " (Miklosy v. Regents of University of California (2008) 44 Cal.4th 876, 889.) |
Christina Jones v. Craig Clark and Donn Kaminski |
Christina Jones is an employee of Commonwealth Edison (“ComEd”), which is the major electricity provider in the Chicago area. One day, while working in her job as a meter reader in Braidwood, Illinois, she was stopped and then arrested by Officers Craig Clark and Donn Kaminski. The officers were responding to a report that a “person of color” was taking pictures of houses in Braidwood. (Jo $0 (01-14-2011 - IL) |
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