Immunity Law
 
Darrinton Dante Daniels v. Dennis Kelley and William Sutton

Appellant Darrinton Dante Daniels appeals the trial court’s order granting summary judgment in favor of appellees Officer William Sutton and Officer Dennis Kelley. On appeal, Daniels contends the trial court erred in granting summary judgment in favor of Sutton and Kelley on his claims for malicious prosecution, intentional infliction of emotional distress, and negligence. We reverse the trial

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Janet Carroll v. Kristi Donau

Janet Carroll appeals a final summary judgment on her health care liability claims against eight nurses--Kristi Donau, Shonna Tobias, Karla McKinney, Melissa Migl, Katie Watson, Leah Delafield, Nathan Lofgren, and SoonCha Sherman (collectively, the "Seton nurses"). (1) The Seton nurses had relied on the tort claims act's election-of-remedies provision. In two issues, Carroll urges that the distri

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Thomas Mink v. Susan Knox

Thomas Mink appeals the district court’s dismissal of his 42 U.S.C. § 1983 complaint against Susan Knox, a deputy district attorney, on qualified immunity grounds. We reverse.

I.

Mr. Mink, a student at the University of Northern Colorado (“UNC”), created a fictional character, “Junius Puke,” for the editorial column of his internet-based journal, The Howling Pig.1 Mink

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Monica Maria Skrzypczak v. Roman Catholic Diocese of Tulsa

In this case we consider whether the district court correctly granted summary judgment in favor of the Roman Catholic Diocese of Tulsa on a former employee’s federal employment law claims, based on the ministerial exception to Title VII. After considering the parties’ arguments and the evidence in the record before us, we hold that the district court correctly dismissed the claims.

BACK

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The Estate of Jesse Turnbow v. Ogden City

This appeal is from a grant of summary judgment in defendants’ favor in a civil rights action pursuant to 42 U.S.C. § 1983, alleging police officers used excessive force in the fatal shooting of Jesse Turnbow.1 The District Court held plaintiff failed to show a genuine dispute of material fact as to whether the officers had violated Mr. Turnbow’s constitutional rights. As such, the officers w

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Franklin Schug v. Stephanie Galbraith Moore

In 2004 Franklin Schug sued the Alaska Department of Corrections (DOC) for negligently causing him to suffer personal injury while being transported from an Alaska prison to an Arizona prison. Assistant Attorney General Stephanie Galbraith Moore defended DOC in that suit, and the jury entered a verdict in DOC’s favor. Schug then sued Moore, alleging she engaged in fraud, deception, and conspirac

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John Steven Simon v. Maricopa Medical Center

¶1 Plaintiff-Appellant John Steven Simon appeals the trial court’s judgment dismissing his claims against Defendants-Appellees Maricopa Medical Center (“MMC”), the City of Phoenix Police Department (the “Police Department”), and Officers Borquez, Masad, Coudret, Edwards, Ippel, Smoger, and Burke (collectively, the “Officers”). We reverse the superior court’s orders dismissing the

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Alex Ramsey v. Yavapai Family Advocacy Center

¶1 Alex Ramsey (Ramsey) appeals the trial court’s grant of summary judgment in favor of LaRayne Ness (Ness), Judy Denton and Yavapai Community Hospital Association (collectively, Denton), Brenda Sheets (Sheets), and Yavapai Family Advocacy Center (YFAC) (collectively, Defendants).1 For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2 Ramsey and his ex-wife, A

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Susie Aguilera v. Santiago Nava et al.

In five issues, Susie Aguilera appeals from a take-nothing judgment against her on her 42 U.S.C. § 1983 claim for excessive force. See 42 U.S.C. § 1983 (2000). We affirm the trial court’s judgment.

BACKGROUND

On July 29, 2006, sixteen-year old Susie Aguilera and some friends attended a party at a house in Eagle Pass, Texas. During the party, one of Aguilera’s friend

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Cesar Garcia v. W&W Community Development, Inc.

This is an appeal by Cesar Garcia, plaintiff and appellant (hereafter plaintiff), from the summary judgment entered against him, both as an individual and as the representative of the estate of his daughter, Alexis Garcia, and in favor of defendant and respondent W&W Community Development, Inc., doing business as Children‟s Plus Foster Agency (hereafter defendant), on plaintiff‟s complaint see

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Christina Conn v. Western Placer Unified School District

The Reporting by School Employees of Improper Governmental Activities Act (Act), a whistle-blower act, (Ed. Code, §§ 44110- 44114),1 in section 44113, makes school officials liable in damages for interfering with the right of a school teacher to disclose evidence of improper governmental activities to an administrator or school board.

Plaintiff, Christina Conn, a second year probationar

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The City of Round Rock v. Jaime Rodriguez

This employment dispute stems from appellant Round Rock Fire Chief Larry Hodge's denial of appellee fire fighter Jaime Rodriguez's request for representation by appellee the Round Rock Fire Fighters Association (the "Association") at an internal investigatory interview in which Rodriguez was being questioned concerning a complaint against him. Rodriguez and the Association filed suit against appe

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State ex rel. Edmondson v. Native Wholesale Supply

¶1 This appeal presents two dispositive issues for the court's resolution: (1) Is an Oklahoma court a constitutionally sanctioned forum for the exercise of personal jurisdiction to adjudicate an alleged violation of a state statute by Native Wholesale Supply, a nonresident corporation that claims to have no minimum contacts with Oklahoma? and (2) Does federal law bar Oklahoma from enforcing the C

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Eyrania Smith v. Michael Bortner

In this appeal, we are asked to determine the appropriate State constitutional standard for a claim that police used excessive force on a citizen in custody following a valid arrest.

The unfortunate circumstances described below led Eyrania Smith, appellant, to file suit in January 2008 in the Circuit Court for Baltimore County against Michael Bortner, appellee, an officer of the Baltimore

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Richard Luchejko v. City of Hoboken



The principal, novel issue presented in this appeal is whether for sidewalk liability purposes, a condominium association has a duty to maintain an abutting public sidewalk as if it were a commercial landowner. We hold that a condominium association does not bear such duty or responsibility. We also reject other theories of liability against the association and Hoboken.

Plaintiff Ri

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Melrose, Inc. v. City of Pittsburgh

Melrose, Inc. (“Melrose”) brought this action challenging the Pittsburgh Zoning Board’s rejection of its applications to change the Identification Signs on five Pittsburgh buildings. The proposed building names included “wehirenurses.com building” and “palegalhelp.com.” The Zoning Board determined that the signs were Advertising Signs and were therefore prohibited in the zoning distr

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Michael J. Woodruff v. Tasha Hemingway

This appeal arises from a negligence action brought by the plaintiff, Michael J. Woodruff,1 against the sole defendant, Tasha Hemingway, resulting from an automobile accident in which the defendant, a state employee, caused the vehicle that she was driving to collide with the rear of the plaintiff’s vehicle. The plaintiff now appeals from the judgment of dismissal rendered in favor of the defend

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Paul Bonington v. Town of Westport

The plaintiffs, Paul Bonington and Julie Bonington, appeal1 from the summary judgment rendered in favor of the defendants, the town of Westport (town), the town’s planning and zoning department (department) and three department employees (individual defendants)2 in the plaintiffs’ negligence action. The plaintiffs had sought to recover litigation expenses they incurred in bringing an action ag

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Joseph Laramie v. Shawn Stone

The defendants, Shawn Stone and Todd Connor, appeal a jury verdict awarding the plaintiffs, Joseph Laramie and Timothy Hallam, $650,000 and $1.3 million, respectively, in compensatory damages. We affirm in part, reverse in part and remand.

The record supports the following relevant facts. The parties worked together for the department of corrections (DOC) at the New Hampshire State Prison i

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Attorney's Process and Investigation Services, Inc. v. Sac & Fox Tribe Mississippi in Iowa

After Attorney's Process and Investigation Services, Inc. (API), a Wisconsin corporation which provides security and consulting services to casino operators, was sued in tribal court by the Sac and Fox Tribe of the Mississippi in Iowa (the Tribe), API brought this action seeking a declaratory judgment that the tribal court lacked jurisdiction and an order compelling arbitration. The Tribe's lawsui

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Bruce P. Golden v. Helen Sigman & Associates, Ltd.

In 2004, Bruce Golden’s wife Jody Rosenbaum filed for divorce in Illinois state court. The proceedings that followed were fraught with hostility as the parties engaged in a bitter dispute over division of assets and custody of Dale, their only child.

After a year of setbacks in state court, Golden filed a multi2 count federal lawsuit. He seems to have named anyone who advocated for Rose

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Eugene McCumons v. J. Marougi

In this appeal, a police officer challenges the district court’s summary-judgment order denying his request for qualified immunity from a false-arrest action filed under § 1983. We affirm.

I.

On August 10, 2007, Officer Marougi went to Hawthorne Park, located in Pontiac, Michigan, to work undercover in response to “numerous and recurring complaints” about “open sexual activi

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Brian J. Kennedy v. Town of Billerica

We affirm in part and reverse in part in this contentious civil rights case brought by a family of plaintiffs, the Kennedys, against the Town of Billerica, Massachusetts, and numerous individual police officers. Before us are cross-appeals from jury verdicts and court rulings in the two trials in this bifurcated case.

Specifically, we hold that error in instructing the jury in the

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Los Angeles Unified School District v. Great American Insurance Company

We have long recognized that “[a] contractor of public works who, acting reasonably, is misled by incorrect plans and specifications issued by the public authorities as the basis for bids and who, as a result, submits a bid which is lower than he would have otherwise made may recover in a contract action for extra work or expenses necessitated by the conditions being other than as represented.

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Paula Crockett v. Central Oklahoma Transportation & Parking Authority

¶1 Paula Crockett appeals the decision of the district court granting Central Oklahoma Transportation and Parking Authority (COTPA)'s motion to dismiss her negligence suit on statute of limitation grounds. Based on our review of the record on appeal and applicable law, we reverse and remand for further proceedings.

BACKGROUND

¶2 This case arose from a March 2, 2007, incident involv

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AK Morlan
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