Nancy Kessling sued appellees, Friendswood Independent School District (AF.I.S.D.@) and its superintendent, Patricia Hanks, for various alleged violations of the Texas Open Meetings Act (ATOMA@), Texas Public Information Act (ATPIA@), and Texas Education Code. In two issues on appeal, Kessling contends that the trial court erred in (1) granting summary judgment against her TOMA and TPIA claims, a

This case is before this Court upon an appeal from a final order of the Circuit Court of Wyoming County, West Virginia, granting a motion to dismiss filed by the Appellee and Defendant below, the West Virginia Department of Transportation, Division of Highways (hereinafter called “DOH”). In that Order, the circuit court concluded that the DOH is entitled to sovereign immunity in this case bec

In this civil rights case, Orlando police officers Lori Fiorino and David Burk appeal from the district court’s denial of their motion for summary judgment on the basis of qualified immunity. Appellee Amy Shirley Oliver, as personal representative of the estate of Anthony Carl Oliver, Sr., alleges that the officers used excessive and unreasonable force in violation of Anthony Oliver’s Fourth A

Plaintiffs-Appellants Amy Thomson, individually and as guardian ad litem for her two children, and the estate of Chad Thomson, through Ms. Thomson as its personal representative, challenge the district court’s grant of summary judgment for Defendants-Appellees Salt Lake County and Deputy Alan Morrical. First, Plaintiffs argue that it was error to grant summary judgment to Deputy Morrical on the

In this interlocutory appeal, Joe Rector challenges the district court’s denial of his motion for summary judgment based on qualified immunity. Danny Bowling sued Rector and eight other defendants under 42 U.S.C. § 1983, alleging that they violated his constitutional right to be free from unreasonable search and seizure when Rector applied for and received a warrant to search Bowling’s house

Plaintiffs-Appellants Delia Berglund and her daughter Darlene Vasquez (“Plaintiffs”) appeal the district court’s grant of summary judgment for Defendants-Appellees Board of County Commissioners of Pottawatomie County, Pottawatomie County Sheriff Kurt Shirey, Pottawatomie County Sheriff’s Deputy David Swearingen, and Pottawatomie County Sheriff’s Deputy Anthony Rodriguez (“Defendants”

Jebaco Inc. appeals the dismissal of its federal antitrust claims against Pinnacle Entertainment and Harrah’s Operating Company, Inc., along with five Harrah’s subsidiaries (“Harrah’s”). The district court dismissed the claims 1 under Fed. Rule Civ. Proc. 12(c) as barred by the state action doctrine and Noerr- Pennington petitioning immunity. We affirm on the alternate ground, fully brie

Christopher Spielvogel and his wife, Diana Spielvogel, were riding a motorcycle on Highway 169 at the Broadway Bridge Complex in Kansas City on July 22, 2001, when their motorcycle collided with the center median. Both of them were ejected from the motorcycle.

Diana Spielvogel died from her injuries, and Christopher Spielvogel was seriously injured. Christopher Spielvogel and his children,

This interlocutory appeal[1] arises from the trial court=s denial of a plea to the jurisdiction filed by appellant, the City of Pasadena. Appellant asserts governmental immunity from a personal-injury lawsuit involving a Pasadena police officer who was involved in an automobile collision while responding to an emergency dispatch. The driver of the other vehicle, appellee James West, contends tha

Warwick Towers Council of Co-Owners (the ACouncil@) (SIC - The Fourteenth District publishes its reports online with letters substituted for certain characters.), acting by and through St. Paul Fire & Marine Insurance Company, appeals from a summary judgment granted in favor of Park Warwick L.P., Park Warwick Investments, L.L.C., and Park Hotel Investments, L.L.C (collectively, the AHotel Appellee

¶1 In this case we are asked to determine whether the trial court exceeded its jurisdiction and abused its discretion when it entered a temporary injunction against the State of Oklahoma, by and through the Oklahoma Tax Commission (OTC). The Plaintiff is Feather Smoke Shops, LLC, (Feather) an Oklahoma limited liability company with its principal place of business located in Osage County, Oklahoma

This appeal requires us to determine whether the district court properly rescinded its order converting a motion to dismiss into a motion for summary judgment. We must also determine whether the court properly denied Defendants qualified immunity. After reviewing the record and the parties’ briefs, we AFFIRM IN PART AND REVERSE IN PART.

I. FACTS

A. Background

The following f

After Robert Fisher mistakenly shot himself twice, his wife called 911. Two officers responded to the call. Fisher alleges, despite the seriousness of the gunshot wounds to his bicep and stomach, the officers handcuffed him in a painful manner that exacerbated his injuries. Fisher filed suit, claiming the officers violated 42 U.S.C. § 1983 by employing excessive force in violation of his Fourth A

This appeal arises out of a district court’s judgment awarding appellant/cross-respondent Eric Webb, a minor, general and special damages for injuries sustained after Webb’s teacher, respondent/cross-appellant Roger Phillips, placed his hand on Webb’s chest during a disturbance at school. In this opinion, we address two issues of first impression: (1) whether the Paul D. Coverdell Teacher P

¶1 Plaintiffs (“the Farmers”) appeal the trial court’s denial of their motions for judgment as a matter of law (“JMOL”) relating to their unsuccessful inverse eminent domain claim against the Flood Control District of Maricopa County (“the District”). On cross-appeal, the District challenges the negligence claim the Farmers successfully asserted against it. The District argues the F

A. Curtis Wright appeals the district court’s denial of his motion for summary judgment on the ground of qualified immunity in this § 1983 action. After this qualified immunity appeal was filed, the case went to trial, and a jury found Wright liable to appellee Joseph Padgett for deprivation of his First Amendment rights. We dismiss this appeal as moot.

[1] Generally, denials of summary

Plaintiff, Lamar Whiteco Outdoor Corporation, initiated an action that led to a permanent injunction barring defendant, the City of West Chicago (City), from enforcing an advertising ordinance against plaintiff. The ordinance remains in effect as to all other outdoor advertisers. The trial court ruled that plaintiff is eligible for attorney fees and costs as a "prevailing party" under section 1988

Following a jury trial, defendants Jovon Broadcasting and Joseph Stroud, the owner and operational manager of Jovon Broadcasting, were found liable for retaliation against plaintiff Jerri Blount, a former employee of Jovon Broadcasting. The jury awarded Blount a total of $3,082,350 in damages, which was comprised of $257,350 for back pay, $25,000 for physical and/or emotional pain and suffering, a

After the Floyd County Plan Commission (the “Commission”) approved the primary plat of Lafayette Ridge Subdivision as sought to be developed by Robert Lynn Company, Inc. (“Lynn”), Greenville Concerned Citizens, Inc., Joanna Danzl, Dan Danzl, Betty Cairns, and Tom Cairns1 (collectively, “GCC”) petitioned the trial court to review and set aside the Commission’s decision. GCC appeals th

{¶ 1} Defendant-appellant Michael Hummons appeals from a summary judgment rendered against him on his claim for personal injuries arising from a motor vehicle accident. He contends that the trial court erred in rendering summary judgment in favor of defendant-appellee Dayton Power & Light (DP&L), because it erred in concluding that his action against the company was time-barred. He further conten

In this wrongful death action, defendant Michael Dargay, D.O. (Dargay), appeals as of right from the trial court’s order granting his motion for $42,048.50 in case evaluation sanctions against plaintiffs, but denying his request to have the sanctions paid from the proceeds of a $17,500 settlement between plaintiffs, as co-personal representatives of the estate of Elizabeth Kitchen, and codefenda

Eaton Rapids Public Schools appeals the district court’s grant of summary judgment to Chartwells in this contract dispute. Because the record supports a single conclusion—that Eaton Rapids breached a binding non-compete clause—we affirm the judgment of the district court.

I.

In early 2002, Eaton Rapids published a Request For Proposal (RFP), soliciting bids for the operation of

Diane Cook (Diane) and Michael Cook (Michael) (collectively, Cooks), filed suit against Chief of Police Edward Locke Jr. (Chief Locke) and the City of Bella Villa (City) (collectively, Appellees) for alleged federal civil rights violations. The Cooks included supplemental state law claims against Chief Locke for malicious prosecution and indecent assault and battery, and against the City on a theo

Bobby Joe Rylee died after an altercation with police officers in Russellville, Arkansas, and a period of detention in the Pope County Detention Center. Sandy Krout, individually and as administratrix of Rylee’s estate, brought an action under 42 U.S.C. § 1983 against five Russellville police officers and four Pope County correctional officers in their individual capacities. She alleged that th

Defendant-Appellant State Trooper P.J. McCadden appeals
22 from an order of the district court (David N. Hurd, Judge)
23 denying his motion for summary judgment in this action against
24 him under 42 U.S.C. § 1983 based on allegations of false arrest
25 and malicious prosecution. The grounds for the motion are that
26 McCadden was entitled to qualified immunity. We conclude th