| Eugene Wideman v. State of Colorado |
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Eugene Wideman, proceeding pro se, appeals the district court’s grant of summary judgment to the State of Colorado, Roslin Vigna, and Douglas Glover. He also asserts that he is appealing the district court’s denial of his Fed. R. Civ. P. 52(b) motion for amendment and request for a rehearing, but he does not support this assertion with argument. Hence, he has waived appellate review of the dis $0 (09-28-2010 - CO) |
| Michael Bateman v. American Multi-Cinema, Inc. |
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In this Fair and Accurate Credit Transactions Act (“FACTA”) case, Plaintiff-Appellant Michael Bateman appeals the district court’s denial of class certification. Bateman sued American Multi-Cinema, Inc., (“AMC”) on behalf of a class of similarly situated individuals, alleging that AMC violated FACTA by printing more than the last five digits of consumers’ credit or debit card numbers o $0 (09-27-2010 - CA) |
| Kerwyn Lykken v. Crystal Brady |
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Pursuant to a valid warrant, law enforcement officers engaged in a large-scale search of Kerwyn Lykken’s and Esther Lykken’s (together, the Lykkens), Union County, South Dakota, farm. As the search was conducted, some of the Lykkens’ livestock bolted through a fence, and Esther’s pregnant cat gave birth. The search lasted four days, during which the livestock lost weight, Esther’s stove $0 (09-21-2010 - SD) |
| Rick Jackson v. Craig Watkins |
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Plaintiff-Appellant Rick Jackson appeals the district court’s grant of summary judgment in favor of defendants-appellees on his claims that he was discharged on account of his race in violation of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e; 42 U.S.C. § 1981; and § 21.051 of the Texas Commission on Human Rights Act, Tex. Labor Code Ann. § 21.001 et seq. (Vernon 2 $0 (09-13-2010 - TX) |
| Cassandra Pollard Cooper v. Millwood Independent School District No. 37 |
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¶1 Appellant, Cooper, perfects this appeal pursuant to [887 P.2d 1372] Rule 13(h), Rules for the District Courts, 12 O.S. 1993 Supp., Ch. 2, App., and Rule 1.203(A), Rules of Appellate Procedure, 12 O.S. 1993 Supp., Ch. 15, App. 2. In compliance with 12 O.S. 1993 § 994 (A), the trial court certified that its dismissal of Cooper's claims against Appellees was a final order and that there was no r $0 (09-24-2010 - OK) |
| Rebecca M. Blevins v. State of Oklahoma ex rel. Oklahoma Memorial Hospital |
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¶1 This public-law controversy presents three questions, the first two of which are dispositive of the appeal: (1) Does the Governmental Tort Claims Act [GTCA]1 shield faculty physicians, student physicians and medical school interns - who are either teaching or participating in a graduate medical education program at Oklahoma Memorial Hospital [OMH] - from tort liability to a patient for neglig $0 (01-16-1996 - OK) |
| Teofila Ochoa Lizarbe v. Juan Manuel Rivera Rondon |
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Plaintiffs Teofila Ochoa Lizarbe and Cirila Pulido Baldeon brought this action under the Torture Victim Protection Act of 1991 (“TVPA”), see Pub. L. 102-256, 106 Stat. 73 (1992), and the Alien Tort Statute (“ATS”), see 28 U.S.C. § 1350, seeking relief from Defendant Juan Manuel Rivera Rondon for alleged war crimes and human rights violations committed in the 1980s against plaintiffs’ fa $0 (09-22-2010 - MD) |
| Eric M. Betts v. New Castle Youth Development Center |
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On Saturday, April 29, 2006, seventeen-year-old Eric Betts suffered a tragic spinal cord injury while attempting to make a tackle during a “pick-up” football game at the New Castle Youth Development Center (YDC). Following the injury, Betts sued YDC and several of its staff members pursuant to 42 U.S.C. § 1983, claiming various constitutional violations. The District Court entered summary jud $0 (09-23-2010 - PA) |
| Albert W. Florence v. Board of Chosen Freeholders of the County of Burlington |
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This interlocutory appeal requires us to decide whether it is constitutional for jails to strip search arrestees upon their admission to the general population. Although the question is one of first impression for this Court, the Supreme Court’s decision in Bell v. Wolfish, 441 U.S. 520 (1979), and the many cases that followed it inform our analysis. |
| Tommy Ray Hook v. Regents of the University of California d/b/a Los Alamos National Laboratory |
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Plaintiff-Appellant Charles Montaño appeals the district court’s grant of summary judgment to Defendants-Appellees Bani Chatterjee, Patrick Reed, Richard Marquez, John Bretzke, Vernon Brown, William Barr, and the Regents of the University of California, on Montaño’s claims of First Amendment retaliation under 42 U.S.C. § 1983, and his claims under the California Whistleblower Protection Act $0 (09-13-2010 - NM) |
| Nicholas B. Delia v. City of Rialto |
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Appellant Nicholas B. Delia (“Delia”), a firefighter, brought this 42 U.S.C. § 1983 action against the City of Rialto, the Rialto Fire Department, Rialto Fire Chief Stephen C. Wells, two Rialto Fire Department Battalion Chiefs, Mike Peel and Frank Bekker, and a private attorney, Steve Filarsky. Delia alleges violations of his constitutional rights arising during a departmental internal affair $0 (11-30--0001 - CA) |
| Joseph Finch v. Bart Peterson |
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This interlocutory appeal arises from a complaint filed against the City of Indianapolis, its law-enforcement Merit Board, and seven city officials alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and 42 U.S.C. § 1983. The plaintiffs— three white police lieutenants—claim they were subjected to reverse discrimination because they were passed over for promoti $0 (09-10-2010 - IN) |
| David Holzemer v. City of Memphis |
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Defendant–appellant Monique Campbell appeals the district court’s denial of qualified immunity from the plaintiff–appellees’ First Amendment retaliation claim. David Holzemer and Downtown Buggy, LLC, sued Campbell, the City of Memphis, Shelby County, and various other state, county, and city officials under 42 U.S.C. § 1983 for alleged violations of the First, Fourth, Eighth, and Fourteen $0 (09-15-2010 - TN) |
| Wendy Gudmundson v. Del Ozone; OzoneSolutions, L.C.; Johnson Controls, Inc. |
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¶1 This appeal comes from a district court’s grant of summary judgment on Ms. Gudmundson’s claims against third parties for injuries she sustained in the workplace. Ms. Gudmundson, a former employee of the Utah State Prison, claims that ozone exposure from a newly installed ozone-laundry system injured her, causing significant brain injuries. |
| Nancy Hall v. Park County |
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[¶1] This is an appeal from a district court order dismissing the appellant‘s complaint for lack of subject matter jurisdiction. Finding no error, we similarly dismiss this appeal. |
| Patrick James Grider v. City of Auburn, Alabama |
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Plaintiffs own a bar/restaurant in Auburn, Alabama and sued the City of Auburn (the “City”) and City employees under state tort law and 42 U.S.C. § 1983 for violations of the Fourth and Fourteenth Amendments. Plaintiffs primarily claim the City and its agents filed false bribery charges and selectively enforced regulatory laws in order to harm the Plaintiffs’ business. Defendants moved for $0 (09-11-2010 - Al) |
| Don Goldhamer v. Alfred Nacode |
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The City of Chicago has enacted an ordinance prohibiting disorderly conduct. One controversial portion of that ordinance makes it a crime for a person to fail to disperse from a group when ordered to do so by a police officer while others are engaging in disorderly conduct nearby: “A person commits disorderly conduct when he knowingly . . . (d) Fails to obey a lawful order of dispersal by a pers $0 (09-02-2010 - IL) |
| June O. Carlson v. Scott Bukovic, et al. |
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June Carlson brought a multicount civil rights action under 42 U.S.C. § 1983 against Officer Scott Bukovic and the City of Darien, an Illinois municipal corporation. Certain counts were dismissed by the district court and are not at issue in this appeal. Remaining are a Fourth Amendment excessive force claim against Officer Bukovic and a Monell1 claim against the City for failure to train the off $0 (09-02-2010 - IL) |
| Sandra Corrales Favila v. Katten Muchin Rosenman, L.L.P. |
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The assets of Motion Graphix, Inc. were sold to Get Flipped, Inc. after the death of Motion Graphix‟s founder and shareholder, Richard Corrales. The Estate of Richard Corrales (Estate) through its executor Sandra Corrales Favila, Corrales‟s sister, sued Get Flipped and its founder, Raleigh Souther, who was Motion Graphix‟s only other shareholder, for claims including conversion, breach of fi $0 (09-03-2010 - CA) |
| David J. Meyer v. Community College of Beaver |
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At issue is the Commonwealth Court’s holding that governmental immunity extends to all statutory causes of action, whether arising in tort or contract, subject only to the eight exceptions enumerated in the Political Subdivision Tort Claims Act. |
| Joanne Kenney v. David G. Weaving |
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The plaintiff, Joanne Kenney, administratrix of the estate of Matthew S. Kenney, appeals from the judgment of the trial court rendered in favor of the defendant Robert M. Ward1 after the court granted his motion to dismiss the plaintiff’s cause of action against him. On appeal, the plaintiff claims that the court improperly concluded that it lacked subject matter jurisdiction pursuant to the doc $0 (08-10-2010 - CT) |
| SKS & Associates, Inc. v. Thomas J. Dart, Sheriff of Cook County |
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In Younger v. Harris, 401 U.S. 37 (1971), a federal court plaintiff sought a federal injunction to stop state court proceedings that he claimed would violate his federal constitutional rights. The Supreme Court said no, the federal courts would abstain, leaving the state courts to consider the federal constitutional issues that would arise in their proceedings. |
| Augustin Uralde v. United States of America |
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Augustin Uralde sued the United States on behalf of himself and of the estate of his deceased wife, Anay. Uralde alleges his wife died as a result of the Coast Guard’s failure to provide her access to timely medical treatment after she was injured during the Coast Guard’s interdiction of their vessel. The district court found that to bring his claims against the United States, Uralde had to me $0 (08-19-2010 - FL) |
| Joseph Lundstrom v. Debra Romero |
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This case arises from a confrontation at Joseph Lundstrom’s home during a child welfare check by Albuquerque Police Department officers. The encounter resulted in the officers pulling weapons on Lundstrom and his girlfriend, Jane Hibner, ordering him from the home, and then leaving them handcuffed on the front sidewalk while officers searched the home. No child was found in the home. |
| Daniel N. Stearns v. Floyd E. Clarkson |
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This case arises out of the arrest and strip search of plaintiff-appellee Daniel N. Stearns in Winfield, Kansas on March 23, 2006. Mr. Stearns filed a civil rights suit under 42 U.S.C. § 1983 against Cowley County, the City of Winfield, and nine individual law enforcement officials, alleging violations of his Fourth Amendment right to be free from unreasonable searches and seizures. Defendants Fl $0 (08-13-2010 - KS) |
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