Immunity Law
 
Wojciech Czarniecki v. City of Chicago

Plaintiff Wojciech Czarniecki was a probationary police officer of the Chicago Police Department from November 2006 until he was dismissed in February 2007. In two federal lawsuits, Czarniecki has alleged that he was improperly dismissed because of his Polish national origin. In September 2007, Czarniecki filed the first suit against the City of Chicago and the Assistant Deputy Superintendent of t

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Brandie Atkins v. City of Chicago

This is the second appeal from the dismissal of a federal civil rights suit. 42 U.S.C. § 1983. The district court initially dismissed it under Rule 25(a)(1) of the Federal Rules of Civil Procedure, on the ground that the motion to substitute the plaintiff’s widow for the (original) plaintiff, who died while the suit was pending, was untimely. We reversed, 547 F.3d 869 (7th Cir. 2008), instructi

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Town of Midland v. Harry T. Morris

The Transcontinental Pipeline transports and distributes natural gas from the Gulf of Mexico to the northeastern United States. In April 2002, the City of Monroe, North Carolina, decided to supply the citizens of Monroe and the surrounding area with natural gas by a direct connection between its natural gas distribution system and the Transcontinental Pipeline. To directly connect to the Transcont

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Isle of Wright County v. Alan Nogiec

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

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Tamara Timmons v. University Medical Center and John P. Thomas, M.D.

amara Timmons appeals from the trial court’s order granting University Medical Center’s plea to the jurisdiction. We will affirm.

Factual and Procedural History

On February 16, 2007, Timmons underwent surgery at University Medical Center (UMC) to repair a hernia. Dr. John P. Thomas, M.D., performed this surgery. It was during this procedure that a sponge or other p

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Kesner Junior Liberal v. Eduardo R. Estrada

Plaintiff Kesner Liberal sued the City of Menlo Park (“City”) and seven of its police officers, individually and in their official capacities, under 42 U.S.C. § 1983, for violations of his civil rights arising from a traffic stop and subsequent events. He also brought several claims under California law against the City and its officers. Defendants filed a motion for summary judgment, asserti

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George Robert Huff v. City of Burbank

Plaintiffs George, Maria, and Vincent Huff appeal the district court’s judgment in favor of four officers who entered their home without a warrant. For the reasons below, we find that only two of the four officers were entitled to qualified immunity.

I. BACKGROUND

On June 1, 2007, the four officers responded to a call from Bellarmine-Jefferson High School. At Bellarmine, they learn

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Beth Perkins v. Township of Clayton

This appeal takes us into the heart of local politics, and what appears to be a bitter dispute between Beth Perkins, the former elected treasurer of Clayton Charter Township in Michigan and the Township’s other officials. Perkins asserts that the Township, and specifically Rod Shumaker, the Township’s supervisor, retaliated against her for exercising her First Amendment rights. However, we hol

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Kathleen Dolan v. City of Ann Arbor

Kathleen Dolan filed this lawsuit against her former employer, the Fifteenth District Court in Ann Arbor, Michigan, which is a trial-level court in the Michigan state-court system, and the City of Ann Arbor, after she was terminated from her position at the court as a deputy court clerk on December 4, 2006. Dist. Ct. Dkt. (“Doc.”) 43 (Amended Complaint) at 2–3. Her sole claim is based on the

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Ethel Cumbie v. City of Grand Saline

Ethel Cumbie had a rude awakening on Easter Sunday 2009. Cumbie awoke that morning to find sewage flowing throughout her house, allegedly a backup of sewer lines of the City of Grand Saline[1] (City). Claiming this had happened twice before, Cumbie sued the City for negligence “in the proprietary functions of operating and maintain[ing]” the sewer system, and alleged it was improperly instal

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Deputy Corey Alexander and Sergeant Jimmie Cook v. April Walker

April Walker sued Harris County Sheriff’s Department Deputy Corey Alexander and Sergeant Jimmie Cook for assault, conspiracy, slander, false arrest, false imprisonment, and malicious prosecution. Several weeks later, Walker sued Harris County in federal court for the same claims that she asserted against the officers, based on vicarious liability, and for violation of sections 1983 and 1988. S

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Shawn Hudson, by Assignment from Gilda Faye Green v. City of Houston

Our opinion in this cause issued on August 10, 2010. Appellant, Shawn Hudson, timely filed a motion for en banc reconsideration, which serves to maintain our plenary power over the appeal. See Tex. R. App. P. 19.1(b); see also City of San Antonio v. Hartman, 201 S.W.3d 667, 670-71 (Tex. 2006). We now sua sponte withdraw our August 10, 2010 opinion and judgment and issue this opinion and judgment i

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Tametta Bellotte v. Tracy L. Edwards

In this case, police officers executed a late-night, no-knock entry into a family’s home. Though the officers claim that exigent circumstances justified their conduct, we agree with the district court that the remarkably scanty rationale offered for the no-knock invasion makes an award of qualified immu- nity inappropriate. With respect to the denial of qualified immunity on plaintiffs’ other

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Rocky Stayton v. Clariant Corporation

This is an appeal by the plaintiff-appellant, Rocky Stayton (“Stayton”), from a final judgment entered by the Superior Court in favor of the defendants-appellees, Clariant Corporation (“Clariant”) and Polymer Color North America, Inc. (“Polymer Color”). The Superior Court granted the defendant’s motion to dismiss Stayton’s Amended Complaint on the basis that it was barred by the De

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Edward G. Smith v. Borough 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

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Vera Sullivan v. Aransas County Navigation District

This is an appeal from a summary judgment rendered in favor of appellee, the Aransas County Navigation District (the “District”). Appellants, Vera Sullivan and Ray Sullivan, filed a suit for injuries allegedly sustained when Vera tripped and fell as she approached the entrance to a restroom owned and operated by the District. By a single issue, the Sullivans contend that the trial court erre

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Ethel Cumbie v. City of Grand Saline

Ethel Cumbie had a rude awakening on Easter Sunday 2009. Cumbie awoke that morning to find sewage flowing throughout her house, allegedly a backup of sewer lines of the City of Grand Saline[1] (City). Claiming this had happened twice before, Cumbie sued the City for negligence “in the proprietary functions of operating and maintain[ing]” the sewer system, and alleged it was improperly instal

More...   $0 (01-06-2011 - TX)

Beth Perkins v. Township of Clayton; Rod Shumaker

This appeal takes us into the heart of local politics, and what appears to be a bitter dispute between Beth Perkins, the former elected treasurer of Clayton Charter Township in Michigan and the Township’s other officials. Perkins asserts that the Township, and specifically Rod Shumaker, the Township’s supervisor, retaliated against her for exercising her First Amendment rights. However, we hol

More...   $0 (01-04-2011 - MI)

Al Wilson v. Teresa Gipson

¶1 On January 19, 1982, a hot water heater in the cafeteria at Star Elementary School in Spencer, Oklahoma, was malfunctioning. It exploded at approximately 12:15 P.M. while the children were eating lunch. Five children and one teacher died, and several other children were injured as a result of the explosion.

¶2 The parents of children injured and killed in the explosion filed suit again

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Anderson v. Eichner

¶1 The first-impression issue dispositive of these two appeals is whether the Governmental Tort Claims Act1 shields faculty physicians, resident physicians and interns - who are either teaching or participating in an educational program at Oklahoma Memorial Hospital - from tort liability in medical malpractice suits brought against them in their status as state employees. We answer in the negativ

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Gladsone v. Bartlesville Independent School District No. 30

¶1 The dispositive issue on certiorari is whether the terms of §155(14)2 of the Governmental Tort Claims Act [GTCA] - which exclude from state tort liability claims for death (or bodily injury) from an on-the-job injury covered by workers' compensation but extend government's tort accountability to claims by persons with access to collateral sources of indemnity other than workers' compensation

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Ysauro R. Munoz v. Raymond Edwin Mabus, Jr.

Ysauro Munoz appeals an adverse summary judgment ruling on two claims arising from a single dispute over whether a Title VII predetermination settlement agreement required the Navy to provide him a particular type of training. Munoz foremost brings a breach of contract action, over which the district court lacked subject matter jurisdiction, and we therefore vacate summary judgment on Count 1 and

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Michaelle Salzer v. William Barff

[¶1.] In responding to an emergency call, a police officer ran a red light and struck plaintiff’s vehicle. Plaintiff brought suit against the officer for negligence. Granting summary judgment for the officer, the circuit court ruled that the limitation period expired under SDCL 9-24-5, which requires a negligence action against a “municipality” to be brought within two years. The court conc

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Maxine Veatch v. Bartels Lutheran Home

Maxine Gail Veatch was arrested and detained by Sergeant Jason Leonard of the City of Waverly, Iowa, Police Department for assaulting her mother, Agnes Bell. The alleged assault occurred at Woodland Terrace, a skilled care residential facility where Bell resided. Veatch and her sister, Chris Price, brought this action under 42 U.S.C. § 1983 and various state-law theories against Leonard, the City

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Margaret J. Bausch v. Stryker Corporation

This diversity jurisdiction case presents issues concerning federal preemption and sufficient pleading of a plaintiff’s claim that she has been injured by a medical device—a hip replacement— allegedly manufactured in violation of federal law.

Plaintiff Margaret J. Bausch appeals the district court’s dismissal of her case against defendants Stryker Corporation, HOC, and Stryker Irela

More...   $0 (12-23-2010 - IL)

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AK Morlan
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