14 Plaintiff John Aczel appeals from the judgment of the United States District Court for the
15 District of Connecticut (Dorsey, J.) granting judgment to Defendant, Police Officer Leonard
16 Labonia, on Plaintiff’s claim of use of excessive force. The case presents an unusual procedural
17 history. The jury answered interrogatories in a special verdict form, finding that Plaintiff h

The substantive issue presented for our consideration, as framed by the appellant, City of Herrin, is “[w]hether the provision of Chapter 745 ILCS Section 10/4–107[,] which grants absolute immunity to a local public entity for releasing a person in custody[,] is applicable to the factual situation herein *** which involves an occurrence at which time the police were neither in control or prese

Defendant-Appellant Officer Scott Celender (“Officer Celender”) appeals the district court’s partial denial of his motion for summary judgment in this 42 U.S.C. § 1983 action, in which Plaintiff-Appellee Amanda Morrison (“Amanda”) claims Officer Celender violated her constitutional right to be free from the use of excessive force when he: (1) refused to loosen her handcuffs during lawfu

Detective Michael Pieroni appeals the district court’s denial of summary judgment on his claim for qualified immunity. Pieroni interviewed plaintiff Terri Conner after she and her husband were arrested for carrying a concealed weapon. Mrs. Conner alleges that Pieroni kept her incarcerated even though he admitted knowing that Mrs. Conner was factually innocent of any crime. Mrs. Conner filed a 42

Plaintiff William R. Harris, Jr. (“Harris”) filed state law claims and claims under 42 U.S.C. § 1983 alleging that he was subjected to excessive force and inadequate medical care, and discriminated against on account of his race, in violation of his constitutional rights, while being booked at the Circleville City Jail on April 3, 2004. The issue before this Court is whether the district cour

[¶1] Appellees/Intervenors, Robert and Gisela Baltensperger (“the Baltenspergers”), applied for and were granted the necessary permits allowing them to construct a barn/equestrian center on their property in Teton County, Wyoming. Appellants, Ernest and Martha Anderson (“the Andersons”), objected to the construction permits and appealed to the Board of County Commissioners of Teton County

Six members of a joint venture sued two other members, primarily claiming breaches of fiduciary duties. The joint venture, most of whose members were Anchorage physicians, owned a medical services condominium on Laurel Street and leased it out for use as an ambulatory surgical center. The plaintiffs claimed in part that the joint venturer defendants and others were liable for moving the surgical c

This is a legal malpractice action in which plaintiff contends that defendant, his former attorney, negligently handled his personal injury action by failing to assert claims against the owner of the land where the injury occurred. The trial court concluded that the owner of the land was immune from liability for injuries that arose out of the use of its property for recreational purposes and tha

A landowner is immune from suit for injuries that arise out of the recreational use of its land when the owner "permits any person to use the land for recreational purposes[.]" ORS 105.682(1). However, that immunity applies only if the landowner "makes no charge for permission to use the land[.]" ORS 105.688(2)(a). In this action for injuries arising out of plaintiffs' use of a state park, the

Pretrial-detainee Charles Leon Weatherford suffered a fatal heart attack while incarcerated in the Muskogee County Detention Center (MCDC). Defendant-Appellant Debbie Taylor was the supervisor on duty at the time. Weatherford’s estate filed a 42 U.S.C. § 1983 action against Taylor and other defendants.

In this interlocutory appeal from an order denying summary judgment, we must decide

Lee Richardson (“Plaintiff”), widow of the decedent, Stanford Richardson, Sr., appeals from the judgment entered by the Circuit Court of the City of St. Louis, dismissing her wrongful death and negligence claims against the City of St. Louis and City-employed emergency medical technician (“EMT”),1 Bryan Burrow (collectively “Defendants”). Granting Defendants’ motion to dismiss, the t

Plaintiffs filed a lawsuit against a school district and three of its employees seeking damages for the wrongful death of their son. The school district filed a motion to dismiss on the ground of sovereign immunity, and the employees moved to dismiss on the ground of official immunity. The trial court sustained the motions. Plaintiffs appeal. We affirm. PROCEDURAL BACKGROUND The petition contained

After Daryl Jones suffered a dislocated shoulder during the course of an arrest by two police officers, Jose Garcia and Mike Miller, he filed a § 1983 action against them, alleging excessive force. Because Jones’ excessive force claim raises a material dispute of fact, we reverse the district court’s grant of summary judgment in favor of Officer Miller. We affirm the denial of Jones’ motion

The United States District Court for the Southern District of New York (The Honorable Sidney H. Stein) (the “Southern District”) has certified to us, under Article IV, § 11(8) of the Delaware Constitution and Rule 41 of this Court,1 four questions relating to Delaware’s Escheat Statute. Those questions arose in a pending action in the Southern District brought by plaintiff, A.W. Financial S

We address, on first impression in Delaware, whether the General Assembly explicitly waived sovereign immunity from suit by military reservists for reemployment rights. Former state trooper, Keith Janowski, asserts that the State1 violated state and federal statutes, by terminating his employment when he returned from active military duty. He urges us, in the face of state constitutional protectio

¶ 1 Appellant Amanda E. Pusl appeals from the February 28, 2008 judgment in her favor in the amount of $25,000, entered in the Court of Common Pleas of Jefferson County.1 Upon review, we affirm.

¶ 2 The factual and procedural history of this appeal is as follows. Appellant was injured in a two-vehicle accident on April 26, 2002. The other vehicle involved in the accident was owned by Appe

This case stems from the Walton County Jail’s alleged refusal to release appellant Randy Campbell on bail after the court approved a property bond. Campbell sued appellee Ralph L. Johnson, Sheriff of Walton County, Florida, under 42 U.S.C. § 1983, claiming a violation of his Fifth and Fourteenth Amendment due process liberty rights and his Eighth Amendment right to be free from excessive bail.

{1} Plaintiffs sued Defendants Albuquerque Baseball Club, LLC, d/b/a Albuquerque Isotopes (Isotopes), the City of Albuquerque (the City), Houston McLane Co. d/b/a Houston Astros (Astros), and Dave Matranga for injuries sustained by their son when Plaintiffs were attending a pre-game picnic at the Isotopes baseball team’s stadium in Albuquerque, New Mexico. Matranga, a player for the visiting Ast

¶ 1. JOHNSON, J. Plaintiff Peter Blair, an injured worker, appeals from two decisions of the Caledonia Superior Court in favor of his empoyer Lydall/Thermal Acoustical, Inc. Plaintiff's arm was crushed by an industrial press while he was working as a temporary employee at Lydall's St. Johnsbury plant. His suit against Lydall was based on two theories. First, plaintiff sought to co

Defendants and appellants Darrell Kruse (Kruse) and Claremont All Natural Nutrition Aids Buyers Information Service (also known as CANNABIS)1 appeal from the judgment entered in favor of plaintiff and respondent City of Claremont (the City) after the trial court issued a permanent injunction preventing defendants from operating a medical marijuana dispensary anywhere within the City. We affirm the

The United States Court of Appeals for Veterans Claims (the “Veterans Court”) rejected Irvin K. Edwards’s claim for an earlier-effective date for entitlement to benefits. Edwards v. Peake, 22 Vet. App. 29 (2008). In reaching that decision, the Veterans Court affirmed a ruling by the Board of Veterans’ Appeals (the “Board”) that Mr. Edwards had received adequate notice of an earlier den

Daniel Kobayashi, an officer with the City of Sunrise, Florida, Police Department, appeals the district court’s order denying in part his motion for summary judgment. Kobayashi was a member of a Special Weapons and Tactics (SWAT) team that conducted a raid on Plaintiff-Appellee Marlene Whittier’s home, which she shared with her son, Anthony Diotaiuto. During the raid, Diotaiuto was shot and ki

Because state supreme courts are the final arbiters of state law, “when we write to a state law issue, we write in faint and disappearing ink,” and “once the state supreme court speaks the effect of anything we have written vanishes like the proverbial bat in daylight, only faster.” Sultenfuss v. Snow, 35 F.3d 1494, 1504 (11th Cir. 1994) (Carnes, J., dissenting). A dozen years ago we held

This interlocutory appeal presents the question whether two deputies at a county jail were deliberately indifferent to the serious medical need of a pregnant detainee who had used crack cocaine daily. The undisputed evidence proves that both deputies knew that a nurse at the jail had seen and spoken with the detainee, and it is undisputed that the nurse determined that the detainee’s medical nee

In 2005, plaintiff was injured when his motorcycle collided with a vehicle driven by Mathias, a pizza delivery driver.(1) At the time of the accident, Mathias was employed by and was delivering pizzas for Zzeeks Pizza & Wings, Inc. (Zzeeks), doing business as one of approximately 4,500 franchises of Domino's Pizza, LLC (Domino's). Plaintiff subsequently filed this negligence action against Mathi