Immunity Law
 
William C. Arterberry v. County of San Diego

Civil Code1 section 714 prohibits a public entity from willfully delaying the approval of an application to install or use a solar energy system. (§ 714, subd. (e)(1).) William C. Arterberry, doing business as Farm ACW, appeals an order denying him attorney fees under subdivision (g) of section 714 in his action against the County of San Diego, the County of San Diego Department of Planning and L

More...   $0 (03-22-2010 - C)

Octavio Sanchez v. San Diego County Office of Education

Education Code section 35330 (§ 35330) provides a school district immunity from liability for school district student injuries occurring during a field trip conducted by the school district. In this action, we decide whether section 35330 provides a school district immunity from liability for student injuries occurring during a field trip on property owned and operated by a school district, which

More...   $0 (03-23-2010 - CA)

Scott R. Rushing v. Sean R. Parker

Defendants Ernest R. Mincey and David Last, officers at the Polk County Sheriff’s Office, misidentified and arrested Plaintiff Scott R. Rushing. The victim of a crime, Richard Wickman, reported to the Sheriff’s office that a roofer he hired to repair hurricane damage to his roof had victimized him. The Plaintiff was arrested after an investigation. However, the state attorney’s office later

More...   $0 (03-16-2010 - F)

Elvin Ross, Sr. v. The Board of Regents of the University of New Mexico

In this case, the plaintiffs appeal the district court’s grant of summary judgment on various state and federal claims arising from an autopsy conducted by state officials. Because we believe the plaintiffs’ claims fail as a matter of law, we affirm the district court’s decision.

BACKGROUND

On July 6, 2005, Elvin Ross, Jr., (“the decedent”) a San Carlos Apache of one-ha

More...   $0 (03-23-2010 - NM)

Amy Shroff v. Frank Spellman

Frank Spellman, a Denver Police Officer, has appealed from the denial of his motion for summary judgment based on his defense of qualified immunity in this civil rights action filed against him by Amy Shroff pursuant to 42 U.S.C. § 1983. Officer Spellman contends that Ms. Shroff failed to demonstrate that he violated her federal constitutional rights by arresting her without probable cause and in

More...   $0 (03-24-2010 - CO)

Securities and Exchange Commission v. Merrill Scott & Associates

This case requires us to determine the scope of certain protective orders entered to safeguard personal financial information provided by an alleged tax evader who was also the victim of a securities fraud scheme. Dr. Richard Gerber invested money with defendant Merrill Scott & Associates (Merrill Scott) under a nominee arrangement promising large tax savings. The Securities and Exchange Commissio

More...   $0 (03-23-2010 - UT)

Louise Victoria Jeffredo v. Mark A. Macarro

The Pechanga Band of the Luiseño Mission Indians (“Pechanga Tribe”) disenrolled a number of its members (“Appellants”) for failing to prove their lineal descent as members of the Tribe. Federal courts generally lack jurisdiction to consider any appeal from the decision of an Indian tribe to disenroll one of its members. See Santa Clara Pueblo v. Martinez, 436 U.S. 49, 72 n.32 (1978). Appe

More...   $0 (03-22-2010 - CA)

Sandra T.E. v. Karen Grindle

The appellant, Karen Grindle, was principal of Pershing Elementary School at a time when the school district’s band teacher, Robert Sperlik, molested several young girls there. Sperlik was arrested once his abuse came to light. Plaintiffs subsequently brought suit against Sperlik and Grindle, among others, alleging violation of 42 U.S.C. § 1983 on both equal protection and substantive due proce

More...   $0 (03-17-2010 - IL)

Michael Tully v. Rush County Prosecutor Paul Barada, et al.

Michael Tully sued Paul Barada and Catherine Custer under 42 U.S.C. § 1983, asserting that they violated his rights under the Fourth and Fourteenth Amendments by summoning him into court and initiating juvenile proceedings against him without probable cause. The district court dismissed Tully’s case for failure to state a claim upon which relief can be granted. We affirm.

I. BACKGROUND

More...   $0 (03-17-2010 - IN)

Darla K. Price v. Cathryn L. Howard, et al.

¶1 We retained this cause to answer two questions: 1) whether the various defendants/appellees are entitled to the protection of the exclusive remedy provision1 of the Oklahoma Workers' Compensation Act; and 2) if so, whether the actions of the respective parties were sufficient to take them outside that protection under this Court's opinion in Parret v. UNICCO Serv. Co., 2005 OK 54, 127 P.3d 572

More...   $0 (03-16-2010 - OK)

Gregg C. Revell v. Port Authority of New York and New Jersey

Gregg C. Revell appeals from the dismissal of his claims, brought pursuant to 42 U.S.C. § 1983, seeking to impose liability upon the Port Authority of New York and New Jersey (“Port Authority”) and Port Authority Police Officer Scott Erickson for arresting him under New Jersey’s gun laws and seizing his firearm and ammunition. According to Revell, his arrest was unlawful because he was in c

More...   $0 (03-23-2010 - NJ)

Denise A. Taravella v. Town of Wolcott

Defendant Thomas Dunn, mayor of the Town of Wolcott,
15 appeals from the denial of his motion for qualified immunity
16 by the United States District Court for the District of
17 Connecticut (Droney, J.). When Dunn became mayor, he
18 terminated the employment of plaintiff Denise Taravella, who
19 had been the director of the town’s senior center.
20 Taravella sued Dunn,

More...   $0 (03-16-2010 - NY)

City of Crowley, Texas v. Doug Ray

Appellant City of Crowley, Texas, (the ACity@) appeals the trial court=s order denying its plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code Ann. ' 51.014(a)(8) (Vernon 2008). In a single issue, the City argues that the trial court erred by denying its plea to the jurisdiction because Appellee Doug Ray failed to establish a waiver of the City=s governmental immunity by pleading an underl

More...   $0 (03-18-2010 - TX)

Robert Wiliam Jefferson v. University of Texas Medical Branch Hospital at Galveston

Appellant, Robert William Jefferson, is an inmate at the Darrington Unit of the Texas Department of Corrections in Rosharon, Texas. In this appeal, Jefferson contests the district court’s dismissal of his lawsuit against the University of Texas Medical Branch Hospital at Galveston (“UTMB”), Eduardo Orihuela, M.D., William Alex Elfarr, M.D., Joanna Lucja Borkowski, M.D., and Alexander Brian

More...   $0 (03-22-2010 - )

Erris Edgerly v. City and County of San Francisco, et al.

San Francisco Police Department Officers David Goff and John Conefrey (“Officers”) arrested Erris Edgerly for trespassing within the gated area of the Martin Luther King/Marcus Garvey Housing Cooperative (“Cooperative”). The Officers transported Edgerly to the local police station, where they searched him for contraband. The search did not reveal any contraband and Sergeant Frederick Schif

More...   $0 (03-19-2010 - CA)

Stacie Byers v. Intuit, Inc.

This appeal arises out of the District Court’s dismissal of a putative class action brought by Plaintiff-Appellants Stacie Byers and Deborah A. Seltzer against Intuit, Inc., H&R Block Digital Tax Solutions LLC, Free File Alliance, LLC, and the Internal Revenue Service. We will affirm.

I.

A.

In 1998, Congress passed the Internal Revenue Service Restructuring and Reform Act, P

More...   $0 (03-03-2010 - PA)

Forence E. Huth v. Deborah Haslun

The principal questions presented in this appeal are: (1) whether a public employee engages in speech protected from retaliation by the First Amendment by relaying a subordinate’s concerns to her supervisor and by filing a lawsuit; and (2) whether a plaintiff can have third-party standing to assert claims on behalf of an individual who has suffered no injury.

Defendants-appellants Deborah

More...   $0 (03-11-2010 - NY)

James L. Alexander v. Thomas J. Cahill

New York’s Appellate Division adopted new rules prohibiting certain types of attorney advertising and solicitation, which were to take effect February 1, 2007. The new rules barred, inter alia, testimonials from clients relating to pending matters, portrayals of judges or fictitious law firms, attention-getting techniques unrelated to attorney competence, and trade names or nicknames that imply

More...   $0 (03-12-2010 - NY)

Denise A. Taravella v. Town of Wolcott, Thomas G. Dunn, Douglas Coley

Defendant Thomas Dunn, mayor of the Town of Wolcott,
15 appeals from the denial of his motion for qualified immunity
16 by the United States District Court for the District of
17 Connecticut (Droney, J.). When Dunn became mayor, he
18 terminated the employment of plaintiff Denise Taravella, who
19 had been the director of the town’s senior center.
20 Taravella sued Dunn,

More...   $0 (03-16-2010 - NY)

Avco Corporation v. Gregory M. Neff

Petitioners, Avco Corporation and Textron Lycoming Reciprocating Engine Division (collectively “Avco”) and Precision Airmotive Corporation and Precision Airmotive, LLC (collectively “Precision”), seek certiorari review of the non-final orders denying their motions for summary judgment. They argue that the trial court erred in determining that Respondents’ claims are not barred by the sta

More...   $0 (03-16-2010 - CL)

Charles A. Rehberg v. James P. Paulk

In this § 1983 action, Plaintiff Charles Rehberg sued former District Attorney Kenneth Hodges, specially appointed prosecutor Kelly Burke, and Chief Investigator James Paulk, alleging federal claims for malicious prosecution, retaliatory investigation and prosecution, evidence fabrication, and conspiracy to violate Rehberg’s constitutional rights. Defendants Hodges, Burke, and Paulk, in their i

More...   $0 (03-11-2010 - GA)

Robert Gerald Harris v. Reggie Ford

Plaintiff and appellant Robert Gerald Harris appeals the grant of summary judgment to defendants in this 42 U.S.C. § 1983 action1 arising out of two searches of Mr. Harris’s home. For the following reasons, we affirm.

BACKGROUND

Mr. Harris resided at 203 Russell Street in Scott City, Kansas, at the time of the events relevant to this case. On October 5, 2005, Scott City emergency

More...   $0 (03-10-2010 - KS)

Zia Trust Company v. Nancy Causey

In this appeal, Officer Carlos Montoya asks us to reverse the district court’s denial of his motion for summary judgment on excessive force claims brought under 18 U.S.C. § 1983 by family members of a man Officer Montoya shot and killed while responding to a domestic disturbance. After reviewing the facts in the light most favorable to the non-moving party, we affirm the district court’s ruli

More...   $0 (03-09-2010 - NM)

Thomas Stewart v. Wallace Coffrey

Plaintiff Thomas Stewart, appearing pro se, appeals the district court dismissal of his complaint pursuant to Fed. R. Civ. P. 12(b)(1) and/or 12(b)(6). Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we AFFIRM.

I.

On July 22, 2009, Stewart commenced this action by filing a complaint in the United States District Court for the Western District of Oklahoma. In his complaint, Ste

More...   $0 (03-09-2010 - OK)

Karen McBeth v. Jeffrey Himes

These consolidated appeals arise out of an investigation by the Arapahoe County Sheriff’s Office and the Colorado Department of Human Services, Division of Child Care (“DHS”) that resulted in Karen McBeth surrendering her license to run a daycare facility in Colorado. The district court granted summary judgment in favor of DHS employees Terry Santi and Kathi Wagoner on all counts on the grou

More...   $0 (03-08-2010 - CO)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher