In these consolidated appeals, Willis Smith and Co. and Triple S Spraybays appeal from orders of the District Court1 granting motions to dismiss filed in both cases by the defendants, the State of Arkansas and the Arkansas State Highway and Transportation Department (ASHTD). We affirm.

The Appellants both own commercial property in Little Rock, Arkansas, that is accessible from Watt Street

Rodney A. Ballard brought this 42 U.S.C. § 1983 action against Nebraska Governor David Heineman, Nebraska Attorney General Jon Bruning and Nebraska State Trooper No. 371, Dean Riedel. Ballard alleges he was the victim of Riedel’s racially-motivated traffic stop and subsequent unconstitutional search and seizure, which Heineman and Bruning promoted through policies that encouraged the targeting

John McGinnis, Mickey Morgan, and the Missouri Department of Social Services (DSS) appeal the district court’s denial of their motion for summary judgment. We reverse the denial and remand this matter to the district court.

I.

The facts of this case are tragic. On June 2, 2005, Braxton Wooden, Jr. died as a result of an accidental shooting. At the time of the shooting, Braxton was

Every year, thousands of people attend the “Best in the West Nugget Rib Cook-Off,” a multi-day event in downtown Sparks, Nevada. In 2002, Plaintiff Janelle Dietrich attended the event and attempted to register voters and to gather signatures for a political petition. Her activities prompted two incidents that resulted in the filing of this action.

On the first day, a police officer orde

John Tennison and Antoine Goff (collectively “Plaintiffs”) served nearly thirteen years in state prison for a murder of which both have been declared factually innocent by the courts. They were both released from custody after the district court granted Tennison’s petition for writ of habeas corpus. Following their release, they filed complaints under 42 U.S.C. § 1983, alleging, inter alia,

After criminal charges for Medicaid fraud were dismissed against the late Mohammad Vakilian, M.D., the administrator of his estate, S.A. Vakilian, (decedent and administrator collectively, “Vakilian”) sued Wesley Shaw (“Shaw”), an investigator in the Michigan Attorney General’s Office, and Richard Koenigsknecht (“Koenigsknecht”), an Assistant Attorney General for the State of Michiga

Plaintiff-Appellant Gregory T. McCarthy (“McCarthy”), proceeding pro se, appeals the order of the district court granting Defendant-Appellee Maitland Place, D.D.S.’s (“Dr. Place”) motion for summary judgment on McCarthy’s 42 U.S.C. § 1983 action for alleged violations of his Eighth Amendment right to be free from cruel and unusual punishment.

For the following reasons, we REVER

Andrew and Glenda Grosjean assist Michigan workers in their appeals before the State’s unemployment agency. Before they can assist a particular worker, they have to be selected by that worker. The unemployment agency publishes a list of biographies of the available advocates to aid workers in the selection process. The Grosjeans sued several employees of the agency, alleging that the employees v

We must decide whether a United States citizen may state a claim against the U.S. Department of State under the Privacy Act for damages arising from his imprisonment in a foreign country.

A

Leon Rouse is a citizen of the United States. On October 4, 1995, he was arrested in the Philippines when police entered his hotel room and found him and another individual, Godfrey Domingo, u

At issue is whether the Southeastern Pennsylvania Transportation Authority (“SEPTA”) is entitled to sovereign immunity under the Eleventh Amendment. In 1991, we determined SEPTA was not an arm of the state. Bolden v. SEPTA, 953 F.2d 807 (3d Cir. 1991) (en banc), cert. denied, 504 U.S. 943 (1992). Now SEPTA contends that subsequent changes in Eleventh Amendment jurisprudence and in SEPTA’s st

We consider in this case whether an exclusivity provision of the Workers' Compensation Act (act), G.L. c. 152, § 24 (§ 24), [FN3] bars an employee's parents from bringing a wrongful death claim against his employer where the employee is injured at work but no workers' compensation payments are paid for the injury. Here, the employee, Cristian Ribeiro Giambrone, who had no dependents, died almost

The spiraling cost of brand-name prescription drugs is a matter of great concern to government at every level. New Hampshire has attempted to curb this escalating problem by enacting innovative legislation. Certain affected companies have challenged New Hampshire's legislative response, and that challenge raises important constitutional questions that lie at the intersection of free speech and cyb

This appeal involves the tragic death of Daniel Bennett II ("Bennett"), a mentally ill young man, when he opened fire against Maine law enforcement officers who had been called to his home. The officers responded with gunfire and Bennett was killed. Bennett's estate ("the Estate") -- his mother, Arlene Bedard ("Arlene"); his grandmother, Isabel Bedard ("Isabel"); and his sister, Laurie Hart ("Laur

Jill Schaffer appeals from a judgment entered after the trial court granted respondents’ anti-SLAPP (strategic lawsuit against public participation) motion to strike her complaint. (Code Civ. Proc., § 425.16 (section 425.16).) She contends the court erred in concluding that respondents’ statements, made in the course and scope of their duties as police officers, are not protected by the anti-

This case arises from the installation of a sanitary sewer system. By four issues, appellant/cross-appellee, the City of Alton (Alton), contends the following: (1) it is immune from suit; (1)

(2) in the alternative, the trial court should not have submitted breach of contract issues; (3) there were no compensable damages and there was no evidence of damages caused by Alton; and (4) appelle

This is an interlocutory appeal from the trial court's denial of a plea to the jurisdiction filed by the University of Texas as El Paso ("UTEP"). At issue is the self-care provision of the Family and Medical Leave Act. For the reasons that follow, we affirm.

FACTUAL SUMMARY

Alfredo Herrera was employed by UTEP as a heating, ventilation, and air-conditioning technician from 2002 to 20

This case presents the issue of whether official immunity extends to a governmental employee privately working as an off-duty security guard. Appellant, Shane Watson, presents a sole issue in this interlocutory appeal from an order denying summary judgment. Appellees, Shirley Newman and Jill Watkins, filed suit against Watson, and others, alleging he committed a variety of intentional torts causin

Charlene Carter appeals the trial court’s dismissal order, rendered on its granting of the City of Galveston’s jurisdictional plea. Carter contends that the trial court erred in granting Galveston’s plea because a premises defect on property owned by Galveston caused Carter’s injuries, a claim from which Galveston is not immune. Carter further contends that the trial court improperly consi

The City of Houston appeals the trial court’s order denying its plea to the jurisdiction in a suit for breach of contract brought by appellees, Southern Electrical Services, Inc. (SES), and the Morganti Group, Inc. (Morganti) against the City. The City contends that the trial court erred in denying its plea to the jurisdiction because SES and Morganti failed to allege facts in their pleadings w

Plaintiff initiated this action against SAIF Corporation(1) for breach of contract and denial of due process under 42 USC section 1983, arising out of SAIF's rescission of an offer of employment. The parties filed cross-motions for summary judgment; plaintiff argued that he had a constitutionally protected expectation of employment, while SAIF argued that it is an at-will employer that may withdr

Edwin B. Stegman for Defendant and Appellant Debra W. Markowitz. Adleson, Hess & Kelly, Phillip M. Adleson, Berger Kahn, and G. Arthur Meneses for Defendant and Appellant Best Alliance Foreclosure and Lien Services. Kirby & McGuinn, Martin T. McGuinn, and Dean T. Kirby, Jr., for Amicus Curiae United Trustee’s Association on behalf of Defendant and Appellant Best Alliance Foreclosure and Lien Ser

We enter here into the arcane world of Medicaid law to answer a fundamental question: does a federal statute imposing notice and comment requirements apply to actions taken or mandated by a state legislature? In 2004, the California Legislature, as part of adopting a state budget after the Constitutional budget deadline had expired, proposed and enacted over only a three-day period a freeze on the

Plaintiffs Native American Distributing and John Dilliner filed suit in federal court against the Seneca-Cayuga Tobacco Company (“SCTC”), which is an enterprise of the Seneca-Cayuga Indian Tribe, and three individuals who had been officers of SCTC (the “Individual Defendants”). SCTC and the Individual Defendants moved to dismiss pursuant to Rule 12(b)(1), Fed. R. Civ. P., arguing that the

Defendant, the City of Highland Park, appeals the trial court's judgment in favor of plaintiff, Pierino DeRose, on plaintiff's complaint seeking benefits from defendant under the Public Safety Employee Benefits Act (Employee Benefits Act) (820 ILCS 320/1 et seq. (West 2000)), which entitles certain public employees in certain situations to recover their health care premiums from their employers. O

The World Agricultural Forum (WAF) planned a conference in St. Louis in late May 2003. The St. Louis Police Department learned that prior WAF conferences in Boston, Washington, and other cities had attracted violent protests instigated by small anarchist groups that infiltrated peaceful protesters, and that Internet sites were exhorting out-of-town activists to travel to St. Louis to participate i