M.T.D. Environmental, L.L.P. (MTD) filed this suit against the City of Midland (the City) under the Payment for Goods and Services Act (the Prompt Payment Act). Tex. Gov’t Code Ann. §§ 2251.001-.055 (Vernon 2008). MTD sought payment of an unpaid invoice, alleging that it had completed performance under its contract with the City. The City sought summary judgment on the ground that a release

In a single issue, Appellant, El Paso Independent School District (EPISD), appeals the trial court's denial of its motion for summary judgment based upon its plea to the jurisdiction. We reverse.

BACKGROUND

The facts relevant to our resolution of this appeal arise primarily from two interrelated proceedings at the trial court level: (1) the original lawsuit, and (2) the bill of revie

The State Office of Risk Management (SORM) appeals the trial court's award of attorney's fees, stemming from the jury's verdict in favor of Mae Davis. (1) We conclude the trial court erred by ordering SORM to pay Davis's attorney's fees, and therefore, we modify the trial court's judgment to delete the award of attorney's fees, and affirm the judgment as modified.

BACKGROUND

On Novem

This is an appeal from the denial of a plea to the jurisdiction by the City of El Paso (“the City”) in a suit for declaratory relief, alleging violations of the Plaintiffs’ due process and equal protection rights. On appeal, the City raises one issue arguing the trial court erred in denying the plea to the jurisdiction of Appellees’ declaratory judgment actions since it seeks monetary reli

This appeal compels us to weave a decisional tapestry from several doctrinal strands that help define the margins of federal-court jurisdiction, including Eleventh Amendment immunity, abstention, and standing. The appellants (a psychologist and a third party) challenge a state administrative proceeding that resulted in the imposition of professional discipline against the psychologist. The distric

After Oklahoma state authorities revoked Jeffrey Lewis’s license to practice chiropractic medicine, they suspected him of continuing his practice unlawfully. In short order, they swore out an administrative subpoena and searched his office to confirm their suspicions. Believing that the search was carried out in violation of his Fourth Amendment rights, Dr. Lewis sued. He named as a defendant, a

Theodore White, Jr. brought this civil action following his prosecution, conviction, re-prosecution, and eventual acquittal for the alleged molestation of his adopted daughter. White sued his ex-wife, Tina McKinley ("Tina"), and Richard McKinley, the police officer who investigated the molestation charges and Tina's current husband. White alleged a deprivation of his constitutional rights and vari

On June 29, 2009, the United States Supreme Court vacated this Court’s prior judgment in Knisley v. Pike County Joint Vocational School District (Knisley I), No. 08-3082 (6th Cir. Dec. 8, 2008), and remanded the case to this Court for further consideration in light of Safford Unified School District #1 v. Redding, 557 U.S. —, 129 S. Ct. 2633 (2009). Knisley v. Pike County Joint Vocational Sch.

Timothy Nelson brought a lawsuit under 42 U.S.C. § 1983 alleging thirteen officials at the Missouri Sexual Offender Treatment Center violated his constitutional rights. The defendants moved for summary judgment based on qualified immunity and the district court2 dismissed Nelson's claims against six of the thirteen defendants. The remaining seven defendants appeal the district court's order denyi

In these consolidated appeals, Defendants-Appellants Mike Burgess and Alan McCormack challenge the district court’s order denying their motions for summary judgment on the basis of qualified immunity. Because we lack jurisdiction, we dismiss these appeals.

BACKGROUND

At the times relevant to these appeals, Burgess was the sheriff of Custer County, Oklahoma, and McCormack was a depu

There is perhaps no more delicate constitutional barrier protecting individual freedom from governmental interference than that which protects against state interference with parental autonomy. The Supreme Court has long recognized that “[t]he child is not the mere creature of the state,” Pierce v. Society of Sisters, 268 U.S. 510, 535 (1925), and that “the custody, care and nurture of the c

Christopher David Penley, a fifteen-year-old boy, modified a plastic air pistol to look like a real weapon and brought it to school. School officials called the police and, during the ensuing standoff, Lieutenant Michael W. Weippert fired a single shot, striking Mr. Penley in the head. The wound proved fatal. Ralph J. Penley and Donna Penley, acting as personal representatives of their son’s est

Plaintiffs appeal the district court’s grant of summary judgment to Defendants on remand from our decision in Brammer-Hoelter v. Twin Peaks Charter Academy, 492 F.3d 1192 (10th Cir. 2007). In the previous appeal, we affirmed the district court’s entry of judgment for Defendants on most of Plaintiffs’ claims but remanded for further proceedings on their three First Amendment claims—(1) that

The plaintiff, Patricia Merritt, administratrix of the estate of Darnel Patrick Merritt, her deceased son, appeals from the judgment of the trial court rendered after it granted the motion to strike counts one through four of the plaintiff’s fifth amended complaint, filed by the defendants the town of Bethel police department and Officers Matthew DiRago and Lynn Morris, on the ground of governme

Loren Zutz and Elden Elseth, members of the Middle-Snake-Tamarac Rivers Watershed District Board (Board), filed this action alleging state law defamation and violations of 42 U.S.C. § 1983 against the six appellees whom we divide into three different groups: (1) co-Board members John Nelson and Arlyn Stroble; (2) an administrator and an employee of the Board Nick Drees and Danny Omdahl and (3) th

Penny Whitson appeals the district court's grant of summary judgment in favor of the defendants on her pro se claim for relief under 42 U.S.C. § 1983 alleging that two defendants failed to protect her from a particular assault, and others failed to properly train and supervise the officers responsible for Whitson's safety.1 Because there remains a question of fact on a determinative issue in this

Joseph Kijowski was arrested during a donnybrook at a wedding reception. According to Kijowski, police officers dragged him from a truck, threw him to the ground, shocked him twice with a Taser, and kicked him repeatedly. Kijowski subsequently brought suit in state court, claiming he was entitled to damages under 42 U.S.C. § 1983 because the officers violated his Fourth Amendment right to be free

Marvin Williams appeals the district court’s entry of summary judgment for the officers on his claims of excessive force, pursuant to 18 U.S.C. § 1983, in violation of his rights under the Fourth Amendment arising out of two arrests. However, he has failed to allege a constitutional violation based on the officers’ actions during his two arrests. We therefore AFFIRM the district court’s ent

The first amendment to the constitution of the United States and article first, § 3, of the constitution of Connecticut prohibit the state’s involvement in the internal doctrinal matters of religious organizations.

The first amendment, however, does not necessarily confer to religious organizations immunity from liability arising from tortious conduct.1 Though courts may not intervene in

5 This case concerns the tragic accident that took the lives of Kristine Guest and Joshua
6 Rau on February 6, 2005. Kristine’s1 father, Stephen Guest, acting as administrator of Kristine’s
7 estate, sued Paul Smith’s College of Arts and Sciences (“Paul Smith” or “the College”) and Paul
8 Smith employee Toni Marra (collectively, “Defendants”) for their allegedly negli

Under the Foreign Sovereign Immunities Act (“FSIA”), a foreign state is immune from suit in American courts unless a statutory exception to immunity applies. In this appeal, the primary dispute is whether defendant-appellant PT. Bank Negara Indonesia (Persero) TBK (“BNI”) or any of its officers or employees in fact generated financial instruments assigned to plaintiffs-appellees Theodore H

Raymond G. Chapman, appearing pro se, appeals the district court’s denial of his motion to vacate its order dismissing his case and its order awarding attorneys’ fees to defendants-appellants Jodi Johnson Baker, Kevin Gassaway, and Rosemary L. Damilao. We reverse and remand.

I.

Mr. Chapman’s lawsuit originated in an ongoing state-court paternity and custody matter. His theory o

Esther Catherine Bowlin, a former home health nurse with the Arkansas Department of Health (“the Department”), brought this action against the Department, Dr. Paul Halverson, Helen Brown, and Georgia Murphy (collectively “defendants”), alleging violations of the Age Discrimination in Employment Act (ADEA), First Amendment free speech and Fourteenth Amendment due process violations brought

Douglas and Linda Knutson appeal from the order of the District Court dismissing without prejudice their 42 U.S.C. § 1983 suit against the City of Fargo, North Dakota.

On July 8, 2003, a cast-iron water main belonging to the City broke, flooding the Knutsons' property and damaging their house and yard. In August 2004, they filed suit against the City in state court seeking damages under

Thomas Edward Morris, III, filed a 42 U.S.C. § 1983 action against Armand Zefferi, a former Crawford County, Missouri, Sheriff’s Department bailiff. Morris alleged Zefferi violated Morris’s constitutional rights when Zefferi transported Morris, who at the time was a pretrial detainee, in a dog cage in a K-9 vehicle during a ninety minute drive from the Crawford County Jail to the Pulaski Coun