Alfred Flowers v. City of Minneapolis |
Alfred Flowers appeals the district court’s1 adverse grant of summary judgment in favor of Kevin Stoll and the City of Minneapolis on his several civil rights claims against both defendants, as well as his state-law defamation claim against Stoll. We affirm. |
Kim L. Johnson v. Angela Walton |
This appeal arises from a 42 U.S.C. § 1983 complaint filed by appellees-plaintiffs Kim L. Johnson (“Kim”) and Sun Min Lee (“Sun Min”), in which they were awarded damages from appellant-defendant Officer Angela Walton (“Officer Walton”) for an illegal search and seizure of their personal property from their home and alleged detention in violation of the Fourth and Fourteenth Amendments $0 (03-15-2009 - CA) |
Olivia Waller v. City of Danville |
Olivia Waller appeals the district court’s grant of summary judgment to defendants on her claim under Title II of the Americans with Disabilities Act ("ADA"). Appellant argues that the Danville Police Department failed to reasonably accommodate Rennie Hunt’s mental illness while Hunt held a woman hostage in his apartment, leading to a violent confrontation with police that left Hunt dead. We h $0 (03-14-2009 - VA) |
David Bergeron, et al. v. Sheriff Andrea Cabral |
This interlocutory appeal requires us to determine whether defendant-appellant Andrea Cabral, the duly elected Sheriff of Suffolk County, Massachusetts, is entitled to qualified immunity in connection with her decision to strip several jail officers of their commissions as deputy sheriffs, allegedly in retaliation for their support of her opponent during the 2004 election cycle. The district court $0 (03-12-2009 - ma) |
Healthcare Staffing Solutions, Inc. v. Helen Wilkinson, et al. |
Healthcare Staffing Solutions, Inc., successor by merger to StarMed Staffing, Inc. (“StarMed”)1, appeals an Amended Final Judgment finding it liable to University Medical Center (“UMC”) in an action for contribution under section 768.31, Florida Statutes (1997), and equitable subrogation. UMC’s claim for contribution against StarMed arose after the settlement of a medical malpractice sui $0 (02-19-2009 - FL) |
Amnesty International, USA v. Louis Battle, Thomas Cannon |
Amnesty International (“Amnesty”) appeals the dismissal of its complaint against police officers Louis Battle and Thomas Cannon brought pursuant to 42 U.S.C. § 1983 and alleging violations of its First Amendment rights during a protest rally. The district court found that Battle and Cannon were entitled to qualified immunity. We hold that Amnesty’s complaint properly states a valid claim al $0 (02-23-2009 - FL) |
Miccosukee Tribe of Indians of Florida, et al. v. South Florida Water Management District |
This is a tale of two cases, one of which is before us in this appeal. The cases are six and eleven years old and together have generated more than twelve hundred docket entries in the district court. One case has been to the Supreme Court, where it was remanded back to us, and then we sent it along to the district court in 2004; the other one went to trial for two months in 2006. The two cases ha $0 (02-24-2009 - FL) |
Pearlie McCullough v. David Antolini, et al. |
In this civil rights case, Pinellas County sheriff’s deputies David Antolini and Nelson DeLeon appeal from the district court’s denial of their motion for summary judgment on the basis of qualified immunity. The sheriff’s deputies used deadly force against Marquell McCullough in a rapidly unfolding scenario early in the morning hours of May 2, 2004. The facts, taken in the light most favorab $0 (03-08-2009 - FL) |
Reginald Scott Fennell v. James Gilstrap |
We decide in this appeal whether an officer, James Gilstrap, used excessive force in violation of the Fourteenth Amendment when he kicked a pretrial detainee, Reginald Scott Fennell, who was combative and struggling with police officers. Gilstrap witnessed an earlier struggle between Fennell and officers, heard Fennell threaten officers, heard a fellow officer call out for Fennell to let go of his $0 (03-08-2009 - GA) |
Florida Family Policy Council v. Thomas B. Freeman |
Florida Family Policy Council, Inc. is a nonprofit organization that distributes questionnaires to judicial candidates in order to gather and publish their views on legal and political issues. Florida Family’s attempts to gather judicial candidates’ views, however, have been hampered in part by Canon 3E(1) and 3E(1)(f) of the Florida Code of Judicial Conduct. Those provisions address situation $0 (03-08-2009 - FL) |
Christopher Armondo Tortu v. Las Vegas Metropolitan Police Department, et al. |
Christopher Tortu appeals the district court’s order granting defendant Officer Eugene Engle’s motion for judgment as a matter of law and, in the alternative, his motion for a new trial. After the jury returned a verdict in favor of Officers Richard Cashton and Duane Cowley but finding Engle liable, the district court granted Engle’s Fed. R. Civ. P. 50(b) motion for judgment as a matter of l $180000 (03-05-2009 - NV) |
Kenneth Charles Lassiter v. City of Bremerton; Matthew Thuring; John Van Santford, et al. |
Kenneth and Alpha Lassiter appeal the dismissal, by summary judgment and by jury verdict, of their lawsuit against the City of Bremerton, the Bremerton Police Department, Bremerton Police Officers John Van Santford and Matthew Thuring, the Kitsap County Prosecutor’s Office, and Kitsap County Deputy Prosecuting Attorney (DPA) James Mitchell. The Lassiters allege that their constitutional rights w $0 (03-03-2009 - WA) |
Shelly K. Herrell v. National Beef Packing Company, LLC |
In this premises liability case, a subcontractor's employee, Shelly K. Herrell, was injured when she stepped into a hole in the concrete floor of the landowner's (National Beef Packing Company [National Beef]) plant. Herrell was working at the plant to obtain soil samples for testing. Herrell sued National Beef, alleging that National Beef was negligent in creating, maintaining, and failing to war $0 (03-02-2009 - KS) |
Angela Victoria Woodhull, Ph.D. v. Carolyn Meinel |
{1} Angela V. Woodhull, Ph.D. (Plaintiff), acting pro se, appeals the trial court’s grant of summary judgment in favor of Carolyn Meinel (Defendant). The trial court ruled that the applicable New Mexico statute of limitations and 47 U.S.C. § 230 (1998), the Communications Decency Act of 1996 (CDA), both bar Plaintiff’s defamation claim. Plaintiff’s appeal presents the first opportunity $0 (01-07-2009 - NM) |
Jenna R. Helf v. Chevron U.S.A., Inc. |
¶1 Jenna Helf (“Helf”) sued Chevron U.S.A., Inc. (“Chevron”), for injuries she sustained while working at the Salt Lake City Refinery (the “Refinery”). Helf’s complaint alleges that her injuries were caused by a chemical reaction that occurred when her supervisors directed her to neutralize toxic sludge through a chemical reaction in an open-air pit. She further alleges that another $0 (02-13-2009 - UT) |
Steven M> Krenning and Joyce C. Krenning v. Heat MOuntain Irrigation District and James Flowers |
[¶1] Steven and Joyce Krenning brought suit against the Heart Mountain Irrigation District and its employee, James Flowers, seeking recovery for personal injuries Mr. Krenning suffered in an altercation with Mr. Flowers. The district court ruled that the Irrigation District and Mr. Flowers were immune from liability pursuant to the Wyoming Governmental Claims Act (WGCA), and granted summary judg $0 (01-29-2009 - WY) |
Corrine L. Sheaffer v. State of Wyoming ex rel. University of Wyoming, et al. |
[¶1] This is an appeal from summary judgment granted against appellant Corrine Sheaffer (“Sheaffer”) and for appellees the State of Wyoming ex. rel. the University of Wyoming (“UW”) and its employees Richard Johnson, Kevin White, and Bruce Hooper (“Johnson,” “White,” and “Hooper”). Sheaffer worked for UW for over twenty-five years. After her involvement in an illicit audio ta $0 (02-18-2009 - WY) |
Teton Millwork Sales v. Roger Schlossberg |
Plaintiff-Appellant, Teton Millwork Sales (“TMS”), appeals from the district court’s order granting Defendant-Appellee Roger Schlossberg’s motion to dismiss the action based upon absolute judicial immunity and lack of personal jurisdiction. As Mr. Schlossberg now consents to personal jurisdiction, Aplee. Br. at 1, the issue on appeal is whether the district court properly dismissed the cla $0 (02-10-2009 - WY) |
Patricia Barachkov v. 41B District Court, et al. |
Patricia Barachkov, Nancy Englar and Carol Diehl, employees of the 41B District Court in Clinton Township, Michigan, were fired from their jobs in July 2004. Following their terminations, Appellants filed an action under 42 U.S.C. § 1983, alleging that Appellees had violated Appellants’ First and Fourteenth Amendment rights by ending their employment because of interview statements Appellants m $0 (02-20-2009 - MI) |
Jeffrey Zibbell v. Michigan Department of Human Services, et al. |
Married couple Jeffrey Zibbell (“Jeffrey”) and Cheryl Zibbell (“Cheryl”) (collectively the “Zibbells”)1 appeal from a district court opinion and order that dismissed their lawsuit in its entirety as to all defendants-appellees. On appeal the Zibbells argue that the district court (1) erred in denying them relief under Title II of the Americans with |
Teresa Evans v. City of Etowah, Tennessee, et al. |
ROGERS, Circuit Judge. Defendants, City of Etowah police officers Chuck Nelms and Bill Crawford, appeal the district court’s denial of their motion for summary judgment based on qualified immunity. In November 2005, defendants aided bail bond agents in arresting Brandon Noble. During the course of the arrest, defendants also arrested plaintiff Teresa Evans, Noble’s mother, and charged her with $0 (02-26-2009 - TN) |
Paula J. Brown, et al. v. Robert Ransweiler |
Paula Brown, an innocent bystander, was injured by fragments from at least one stray bullet fired by a police officer. At the time shots were fired, law enforcement officers were attempting to apprehend a murder suspect who had just driven up onto the curb at a strip mall, heading in the direction of two police officers. Several officers fired at the suspect, believing that the life of at least on $0 (02-24-2009 - CA) |
Wesley and Tina Seth v. St. Edward Mercy Medical Center |
Wesley and Tina Seth appeal from an order of the Sebastian County Circuit Court granting St. Edward Mercy Medical Center’s (St. Edward) motion for summary judgment on the basis of the charitable immunity doctrine. The Seths first argue that the trial court erred because St. Edward waived any claim of charitable immunity from suit or liability and that the principle of estoppel prevents applicati $0 (01-22-2009 - AR) |
William L. Jackson v. Sparks Regional Medical Center & Columbia Casualty Company |
Appellant William L. Jackson, as special administrator of the Estate of Sherri Jackson, deceased, appeals the order of the Sebastian County Circuit Court granting summary judgment in favor of appellees Sparks Regional Medical Center and Columbia Casualty Company. Jackson asserts that Sparks’s motion for summary judgment was granted in error because Sparks is not entitled to the charitable-immuni $0 (02-18-2009 - AR) |
Charles Archer, et al. v. Sisters of Mercy Health System, St. Louis, Inc. d/b/a Sisters of Mercy Health System d/b/a St. Joseph's Mercy Health Center |
This appeal involves a medical malpractice action brought by appellants Charles and Linda Archer (“the Archers”) on behalf of their son, Mason Archer, against multiple parties, including appellee, Sisters of Mercy Health System, St. Louis Pooled Comprehensive Liability Program (“the Liability Pool”).1 The circuit judge entered an order dismissing the Liability Pool. We reverse and remand.< $0 (02-18-2009 - AR) |
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