Desiree Herrera v. City of Albuquerque |
Plaintiff Desiree Herrera appeals from the district court’s grant of qualified immunity in favor of defendant Maureen O’Brien, and from the district court’s entry of final judgment in favor of defendants on her claims pursuant to 42 U.S.C. § 1983. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm. |
Alison Dickson v. Michelle Lyman |
Plaintiffs-Appellants Dickson, Riggs and Singer (hereafter “Appellants”) appeal from the district court’s order denying their motion for relief from this court’s final judgment. The district court ruled that the law-of-the-case doctrine prohibited it from considering Appellants’ new legal theories that a Navajo Nation tribal court had subject-matter jurisdiction over defendants, notwiths $0 (12-10-2009 - UT) |
Brian Akins v. Robert Vaughan |
Missouri State Highway Patrol Officers Jason Trammell and Robert Vaughan appeal the district court’s denial of their motions for summary judgment based on qualified immunity. Trammell and Vaughan investigated the series of events during which Brian Akins was shot twice by a Barry County sheriff’s deputy. Akins brought claims under 42 U.S.C. § 1983 and state tort law against some nineteen defe $0 (12-18-2009 - MO) |
Harold Lynn Wolfe v. Esco Jarnigan |
At stake in this § 1983 free-speech retaliation action is whether Hamblen County Sheriff Esco Jarnigan refused to promote Harold Wolfe because Wolfe supported Jarnigan’s opponent in the 2006 election. The district court denied Jarnigan qualified immunity at the summary judgment stage, and we affirm. |
Anthony Flemister v. City of Detroit |
Plaintiff Anthony Flemister appeals from the entry of summary judgment against him with respect to claims arising out of his arrest pursuant to a felony warrant issued for someone else who used plaintiff’s identity. The district court found that because plaintiff could not demonstrate a constitutional violation as a matter of law, he could not prevail on his claims under 42 U.S.C. § 1983. Also, $0 (12-18-2009 - MI) |
Lancer Insurance Company v. Oscar Perez, II |
On April 30, 2004, members of the Alice High School band went on an overnight field trip to Six Flags Fiesta Texas in San Antonio, Texas. The Alice Independent School District contracted with Garcia Holiday Tours to transport the students on one of its buses. The bus driver was Raul Garcia, an employee of Garcia Holiday Tours. Unknown to Raul Garcia, he was infected with active tuberculosis. Durin $0 (12-23-2009 - TX) |
Richard DeWeese v. National Railroad Passenger Corporation (AMTRAK) |
The Southeastern Pennsylvania Transportation Authority (“SEPTA”) appeals from an order of the United States District Court for the Eastern District of Pennsylvania granting summary judgment to the National Railroad Passenger Corporation (“Amtrak”) on its cross-claim against SEPTA. The District Court determined that SEPTA’s state-law sovereign immunity defense is preempted by Amtrak’s f $0 (12-23-2009 - PA) |
Mieczyslaw Karwowski v. Andrew Fardy |
The plaintiff Mieczyslaw Karwowski1 appeals from the summary judgment rendered by the trial court in favor of the defendants Andrew Fardy and Travelers Indemnity Company (Travelers) in this malicious prosecution case. On appeal, the plaintiff claims that the court improperly granted the defendants’ motion for summary judgment, failing to view the evidence in the light most favorable to him as th $0 (12-22-2009 - CT) |
Jamell Woods Cotto v. Board of Education of the City of New Haven |
The dispositive issue on appeal is whether the defendants, the board of education of the city of New Haven (city) and certain public school officials in the city,1 are immune from liability for injuries that the plaintiff, Jamell Woods Cotto, sustained when he slipped on a wet bathroom floor at the Roberto Clemente School (school), one of the city’s public schools, while working as a director of $0 (12-15-2009 - CT) |
Antonio Delmonico v. Jeff Capito |
Plaintiff Antonio DelMonico brought this pro se civil rights action pursuant to 42 U.S.C. § 1983 and Colorado state tort law, complaining that the defendants wrongfully arrested and incarcerated him following an altercation at his ex-girlfriend’s house. Both plaintiff and defendants moved for summary judgment, the defendants contending that there had been no constitutional violation and that th $0 (12-14-2009 - CO) |
Eunice M. Spears v. Matthew Ruth and City of Cleveland |
Matthew Ruth, a police officer, and the City of Cleveland, Tennessee, bring this interlocutory appeal of the district court’s denial of summary judgment on qualified immunity grounds. Eunice M. Spears, mother of the deceased, responds individually and as representative of the estate of Christopher McCargo. Christie McCargo, the daughter of the deceased, Clay McCargo and Madeline McCargo, relativ $0 (12-14-2009 - TN) |
Martin Nolan v. Memphis City Schools |
Plaintiffs-appellants Martin Nolan (“Martin”) and his father, Nathaniel Nolan (“Mr. Nolan”) (collectively “Nolans”) brought a civil rights action against Martin’s high school basketball coaches, superintendent, principal, and the Memphis City Schools alleging that defendants violated Martin’s substantive due process rights and Tennessee state law by using excessive corporal punishm $0 (12-11-2009 - TN) |
Heriberto Tamez v. Gerald Manthey |
Daniel Tamez was a pretrial detainee of the City of Harlingen. He died while in the custody of the city from acute cocaine intoxication when a bag of cocaine that he swallowed before his arrest burst in his intestines. The Tamez Family then brought this suit under 42 U.S.C. § 1983 on Tamez’s behalf, alleging that various police officers and prison officials were deliberately indifferent to Tame $0 (12-02-2009 - TX) |
Sara Greene v. Bob Camreta |
We are asked to decide whether the actions of a child protective services caseworker and deputy sheriff, understandably concerned for the well-being of two young girls, exceeded the bounds of the constitution. Specifically, the girls’ mother, Sarah Greene, alleges, on behalf of S.G., one of her children, that the caseworker, Bob Camreta, and deputy sheriff, James Alford, violated the Fourth Amen $0 (12-11-2009 - OR) |
Kristin M. Perry v. Arnold Schwarzenegger |
Proposition 8 amended the California Constitution to provide that only marriage between a man and a woman is valid or recognized in California. Two same-sex couples filed this action in the district court alleging that Proposition 8 violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The official proponents of Proposition 8 (“Proponents”) intervened to defend the $0 (12-11-2009 - CA) |
WWBITV, Inc. v. The Village of Rouses Point, et al. |
On June 6, 2006, an old hotel located in the Village of Rouses Point, New York, was |
Ruby Mann v. Taser International, Inc. |
This action arises out of the death of Melinda Neal Fairbanks following her arrest by deputies of the Whitfield County Sheriff’s Office. The administrators of Fairbanks’ estate brought a 42 U.S.C. §1983 claim along with various state law claims against the deputies in their official and individual capacities. The administrators also asserted a state law wrongful death claim against Taser Inte $0 (12-03-2009 - GA) |
Suzanne LeFrere v. Jorge Quezada |
We recently issued an opinion certifying to the Alabama Supreme Court this question of state law: “Are jailers, like sheriffs and their deputies, absolutely immune from state claims for money damages based on actions taken within the scope of their employment?” LeFrere v. Quezada, — F.3d —, No. 09-10024, 2009 WL 2913570, at *9 (11th Cir. Sept. 11, 2009). We did so because we needed to know $0 (12-04-2009 - AL) |
Rosemary Wimbley v. Mark Cashion |
Rosemary Jackson Wimbley sued Mark Cashion for race and sex discrimination in violation of 42 U.S.C. § 1983. The district court,1 on summary judgment, denied Cashion the defense of qualified immunity. Cashion appeals. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. |
Marlita Thomas v. Cook County Sheriff's Department |
Norman Smith, a thirty-two year-old pretrial detainee, arrived at Cook County Jail on April 24, 2004, and died less than a week later from pneumococcal meningitis. His mother, Marlita Thomas, sued Cook County, the Cook County Sheriff, and a number of correctional employees, under 42 U.S.C. § 1983, 2 Nos. 08-2232, 08-2233, 08-2482 & 08-2597 & 08-2948 alleging that the defendants violated her son $0 (12-01-2009 - ) |
Doug Morgan v. Plano Independent School District |
This is a First Amendment challenge to the facial validity of school rules for student distribution of written materials. |
Joel Francis v. Rodney Giaccomelli |
In this appeal, we evaluate the legal sufficiency of a complaint, applying the standard articulated in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) — i.e., whether the complaint on its face states plausible claims upon which relief can be granted. Following highly public exchanges between Baltimore City Mayor Martin O’Malley and Baltimore C $0 (12-04-2009 - MD) |
Antonio Salinas, Jr. v. John W. Kristensen, M.D. |
This is an appeal from a take-nothing judgment entered in favor of appellee, John W. Kristensen, M.D. By five issues, appellants, Antonio Salinas, Jr. and San Juana Salinas, individually and as personal representatives of the estate of their daughter, Tiffany Salinas, contend (1) the trial court erred in granting judgment for Dr. Kristensen because the doctrine of parental immunity applied, and (2 $0 (11-25-2009 - TX) |
Clinton Sellers v. Karl Robert, D.O., et al. |
In August 2008, plaintiff, Clinton Sellers, filed a negligence action against defendants Dr. Karl Rudert, Bonutti Orthopedic Services, Ltd., Mark Bonnstetter, Jennifer Tymkew, Roc Bellantoni, Mark Hutson, and Bob Spoo for his injuries sustained during a September 2006 football game. Shortly thereafter, plaintiff filed an amended complaint to correct a misspelling. In September 2008, defendants Bon $0 (12-01-2009 - IL) |
Duncan Burkholder, M.D., Grace Clinic of Lubbock and University Medical Center v. Mary B. Harris and Gregory E. Harris |
Appellant University Medical Center brings an interlocutory appeal from the trial court’s denial of its plea to the jurisdiction based on governmental immunity. Footnote Finding appellees Mary Beth Harris and her husband Gregory E. Harris presented facts sufficient to allege a use of tangible personal property by UMC and so bring their claim against UMC within the limited waiver of governmenta $0 (11-19-2009 - TX) |
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