Plaintiff Ronald P. Ellison, Jr. was awarded $100,000 in compensatory damages after a jury trial of his claim under 42 U.S.C. § 1983, alleging a violation of his Fourth Amendment right against unreasonable searches and seizures.

The case arises out of a search of Plaintiff’s residence and seizure of various property pursuant to a search warrant applied for by Defendant Denise Balinski,

Daniel Coleman appeals the dismissal of his amended complaint in this suit alleging, as is relevant here, violations of Title VII of the Civil Rights Act of 1964 ("Title VII"), see 42 U.S.C.A. §§ 2000e to 2000e-17 (West 2003 & Supp. 2010), and of the Family and Medical Leave Act of 1993 ("FMLA"), see 29 U.S.C.A. §§ 2601-54 (West 2009 & Supp. 2010). Finding no error, we affirm.

I.

The Family and Estate of Francisco Castaneda sued California Department of Corrections and Rehabilitation for failing to provide him with appropriate medical care for more than a year and, as a direct result, he did not get treating for a painful penis condition which ultimately resulted in amputation and death from undiagnosed and untreated cancer.

After he was convicted of methamphetamine po

Geoffrey Zimmerman, M.D., challenges the trial court’s order denying his motion for summary judgment on the health care liability claims against him by Wendy Gonzalez Anaya. Following a remand from the Texas Supreme Court, we consider Zimmerman’s contention that his affirmative defense of official immunity bars Gonzalez Anaya’s negligence claims. We reverse and render.

Background<

The opinion dissenting from the denial of rehearing en banc addresses an issue that is not before this Court. The dissent addresses whether attorney’s fees ought to be awarded in this nominal damages case. Our decision, by contrast, addresses the entirely different issues of whether we ought to vacate the district court’s award of attorney’s fees because the court made errors of law in decid

In this section 1983 case, Plaintiff-Appellee Marcella Pourmoghani- Esfahani (“Plaintiff”) alleges that Defendant-Appellant Deputy Shanna Marsh (“Defendant”) applied excessive force to Plaintiff and was deliberately indifferent to her serious medical needs while Plaintiff was detained at the Hillsborough County Jail in Tampa, Florida, in November 2006. On both constitutional claims, the di

{1} In virtually all claims sounding in tort, our common law permits punitive damages where appropriate to punish outrageous conduct and to deter similar conduct in the future.

Similarly, in New Mexico all labor unions owe a common-law duty of fair representation (also referred to herein as “DFR”) to their members and are subject to suit for breach of that duty. In the case at bar, we a

Plaintiffs-Appellants filed this action claiming unlawful use of their real property and seeking declaratory judgment, injunctive relief, ejectment, and damages. They appeal from the district court’s grant of summary judgment in favor of Defendants-Appellees, members of the Business Committee of the Fort Sill Apache Tribe of Oklahoma and the Manager of the Fort Sill Casino. The district court ha

A parent signed release forms waiving her minor child‟s personal injury claims as a condition of the child‟s participation in an educational field trip. This action was filed against the State after the child was injured during the trip. The district court granted the State‟s motion for summary judgment, concluding the releases signed by the parent resulted in an enforceable waiver of the ch

Judith A. Taylor, the former Democratic Director of Elections in St. Louis County, brought claims against the St. Louis County Board of Election Commissioners (“Board”) and against Commissioners John J. Diehl, Jr., William Miller, Jr., Anita Yeckel, and Chaim H. Zimbalist (“Commissioners”) in their official and individual capacities for wrongful discharge under Missouri common law and for

James Parkey sued Indiana State Trooper Jason Sample under 42 U.S.C. § 1983, claiming Sample had violated Parkey’s rights under the Fourth Amendment by searching Parkey’s home and seizing Parkey’s property without probable cause. The district court granted Sample’s motion for summary judgment, finding Parkey had not brought forth any evidence to demonstrate a lack of probable cause. We af

Sam and Betty Bonnin brought a wrongful death and survival action against appellant Texas State University–San Marcos (TSU) in connection with the death of their son, Jason Bonnin. Footnote TSU filed a plea to the jurisdiction, which the trial court denied. In this interlocutory appeal, TSU argues that the trial court erred in denying its plea to the jurisdiction because the Bonnins had not esta

In this interlocutory appeal, Footnote appellant, Geffrey Klein, M.D., challenges the trial court’s order denying his motion for summary judgment on the health care liability claims made against him by appellee, Cynthia Hernandez, Footnote as next friend of N.H., a minor. Footnote Following a remand from the Texas Supreme Court, Klein contends that his affirmative defense of official immunit

Plaintiff-Appellant Vernard A. Jones, Sr. (“Plaintiff” or “Jones’s father”), personal representative of the Estate of Vernard A. Jones, Jr., appeals the order of the district court granting summary judgment on all claims in favor of Defendants-Appellees Dr. David Deitrick, M.D. (“Dr. Deitrick”); Nancy Mastee, Sherry Malenko, and William Yonker (collectively, “Nurses” or “nursin

[¶1] John W. Searle appeals from a summary judgment entered in the Superior Court (Knox County, Hjelm, J.) in favor of the Town of Bucksport and the Bucksport School Department on his complaint asserting negligent maintenance of the visitors’ bleachers at the Bucksport High School football field. Searle contends that the Superior Court erred in holding that the bleachers are not a public buildi

Defendant-Appellant Andrew Novarro, an Ithaca, New
4 York, police officer, appeals from that part of a memorandum
5 decision and order dated March 28, 2008, by the United States
6 District Court for the Northern District of New York (Frederick
7 J. Scullin, Jr., Judge) denying his motion for summary judgment
8 on a false arrest claim brought by plaintiff-appellee Joseph
9 A

Plaintiffs Daniel and Patricia DeFabio appeal from a September 30, 2009, judgment of the United States District Court for the Eastern District of New York (Bianco, J.), granting defendants’ motion for summary judgment on plaintiffs’ claims brought pursuant to 42 U.S.C. § 1983 alleging violations of Daniel’s rights to freedom of speech, freedom of association, due process and equal protectio

In this appeal, Plaintiff-Counter-Defendant-Appellant Patrick Tracy challenges the decisions of the United States District Court for the Northern District of New York granting the motion for summary judgment filed by Defendants-Counter-Claimants-Appellees on the ground of qualified immunity (Munson, J.) and denying Tracy’s motion for reconsideration (McCurn, J.). Tracy primarily argues that the

In this procedurally convoluted case, plaintiffs seek overtime wages they contend they were unlawfully denied by their employer. The plaintiffs apparently initially intended this case to be a nationwide “collective action” under § 216(b) of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216(b), through which employees seeking to recover under FLSA’s substantive provisions may asser

Richard M. King Jr. sued Judge Eric Clifford and several other defendants in Scurry County. King alleged that he had attempted to file suit in Lamar County for claims arising out of his 1997 criminal trial and conviction but that Judge Clifford had wrongfully refused to rule on his motion to proceed in forma pauperis and had wrongfully prevented the Lamar County District Clerk from filing his pet

Officer Jamie Pietroski suffered a late-night lapse in judgment and forcibly removed a compliant Matthew Raiche from his stopped motorcycle in order to arrest Raiche for, ironically, failure to stop. A jury saw the irony and, after a trial on a number of related civil rights claims, awarded Raiche damages for injuries sustained as a result of Pietroski's use of excessive force. Pietroski filed pos

Congress passed the Marine Mammal Protection Act (“MMPA”), 16 U.S.C. § § 1361 et seq., in response to the concern that marine mammals “are, or may be, in danger of extinction or depletion as a result of” human activities. Id. § 1361(1). As part of the protection efforts under both the Magnuson-Stevens Act, 16 U.S.C. §§ 1801 et seq., and the MMPA, the Secretary of Commerce may require

Richard Jacobson was arrested and detained by Deputy Sheriff Dan Mott for obstructing legal process with force, in violation of Minnesota Statute section 609.50. Jacobson sued Mott under 42 U.S.C. § 1983, claiming that Mott violated his rights under the First, Fourth, and Fourteenth Amendments by arresting and detaining him without probable cause, and by fabricating charges against him so that he

An intoxicated driver struck Michael Dodd, who had been lying injured on Route M in Lawrence County, Missouri, after his own apparent alcohol-related accident. Dodd brought an action under 42 U.S.C. § 1983 against Missouri State Highway Patrolman Steven Jones and Lawrence County Deputy Sheriff Mike Thorn in their individual and official capacities. He alleged that Jones and Thorn, both of whom re

John Doe and Martha Roe filed this action pursuant to 42 U.S.C. § 1983 and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (“Title IX”), on behalf of their minor daughter, Jane Doe. For several months during the 2006- 2007 school year, Jane Doe was involved in a sexual relationship with Chad Smith, her basketball coach at Delight High School. The plaintiffs claim that