Stephen James Engleman brought this 42 U.S.C. § 1983 claim against “Deputy Murray”1 of the Benton County Sheriff’s Office, alleging that the Arkansas deputy violated Engleman’s Fourth Amendment rights by arresting him in Oklahoma on an Arkansas warrant. The district court denied Deputy Murray’s motion for summary judgment based on qualified immunity, and Deputy Murray brought an interlo

In 2004, plaintiff Raymond Torres, who was then 16 years old, was arrested, without a warrant, on charges of murder and attempted murder. After 162 days of incarceration, Torres was released when the district attorney dismissed the charges against him. Following his release, Torres and his mother (“Plaintiffs”) brought a civil rights action against the City of Los Angeles, the Los Angeles Poli

Plaintiff Christopher Cook (“Cook”), a California resident, seeks recovery for damages suffered as a result of a motor vehicle accident in which, while on a motorcycle, he was hit by a drunk driver. The driver was an employee of defendant Avi Casino Enterprises, Inc. (“ACE”), a tribal corporation, and she allegedly became intoxicated at an Avi Casino function. Cook sued the tribal corporat

Upon consideration of the record, briefs, and argument of counsel, the Court is of the opinion that there is reversible error in the judgments of the circuit court.

In these consolidated appeals, each appellant asserts that the trial court erred in holding that Eastern Virginia Medical School Academic Physicians and Surgeons Health Services Foundation ("EVMS Health Services Foundation") and

Scottsdale Perimeter 1 sued the City of Scottsdale, Arizona Department of Transportation and HDR Engineering, Inc. for the damages that it claimed that it sustained as a result of the failure of Defendants to complete a proposed $100 million Desert Greenbelt drainage system and the construction of Loop 101 to divert storm water, according to the lawsuit. Plaintiff bought the property in 1999 with

A jury found in favor of plaintiff, Stephen Parker, on his claim that defendant, Officer Kevin Gerrish of the South Portland Police Department, violated his constitutional rights by using his Taser during the course of arresting Parker for operating a motor vehicle while under the influence of alcohol. The jury awarded $111,000 to Parker, who complained that the use of the Taser and subsequent cuf

Appellant Paul Giragosian owned and operated a gun shop in Arlington, Massachusetts for approximately thirty-one years. In March 2007, Arlington’s Chief of Police, Frederick Ryan, revoked and forfeited appellant’s licenses to carry and sell firearms. Subsequently, appellant filed a 42 U.S.C. § 1983 suit in federal district court alleging that Ryan and the Town of Arlington violated his rights

¶1 Plaintiffs brought an action pursuant to the Oklahoma Governmental Tort Claims Act, against the Oklahoma County Court Clerk (Clerk), alleging negligent maintenance of court files that led to the issuance of a warrant for his arrest, and against Oklahoma County, by and through the Board of County Commissioners, for Oklahoma County (Board), as Clerk's employer. The trial court granted summary ju

Appellants, the State of Texas (Athe State@) and the City of Rosenberg, Texas (Athe City@), bring this interlocutory appeal challenging the trial court=s order denying their pleas to the jurisdiction in a suit for inverse condemnation brought by appellees, Badruddin and Samina Bhalesha (Athe Bhaleshas@). We reverse the trial court=s order and render judgment granting appellants= pleas to the juri

In this interlocutory appeal of the trial court’s denial of the City of Midlothian’s (Midlothian) plea to the jurisdiction, we decide if Texas Water Code section 11.086(a) expressly waives governmental immunity for Appellee Letha Black’s water code violation claim and then consider her alternative inverse condemnation claim. We hold that Midlothian is immune and that Black’s inverse conde

Appellants Craig and Wendy Humphries are living every parent’s nightmare. Accused of abuse by a rebellious child, they were arrested, and had their other children taken away from them. When a doctor confirmed that the abuse charges could not be true, the state dismissed the criminal case against them. The Humphries then petitioned the criminal court, which found them “factually innocent” of

Heritage Constructors, Inc., sued the city (and officials) of Greenwood, Arkansas, for retaliation under the First and Fourteenth Amendments pursuant to 42 U.S.C. § 1983. Heritage alleged the city denied it a contract in 2005, because it exercised the right to petition by initiating arbitration on an earlier contract with the city. The district court1 granted summary judgment to the city. Having

In this interlocutory appeal, Nebraska Attorney General Jon Bruning seeks reversal of the district court’s decision denying him absolute and qualified immunity in the lawsuit brought under 42 U.S.C. § 1983 by Gregory M. Kloch, M.D., which claimed that provisions of Nebraska’s Uniform Licensing Law violated the due process clause of the Fifth and Fourteenth Amendments to the United States Cons

This civil rights and wrongful death action concerns whether the defendants, a Michigan State Trooper and three Livingston County Deputy Sheriffs, are entitled to qualified and/or governmental immunity arising from the death of a suspect during an attempted arrest. Charles Keiser, deceased (Keiser) drowned when the individual defendants were attempting to arrest him while he was in approximately t

In this medical malpractice case, plaintiff Davey alleges that defendants caused injury to her baby because of the negligent failure to deliver her baby by caesarean section and negligent post-delivery treatment. The district court dismissed her suit on the ground that the defendant doctors are entitled to the same statutory freedom from liability for common law torts as federal employees, because

Samuel Thomas appeals the district court’s judgment in favor of Defendants with respect to various claims concerning the demolition of a building in Detroit. We affirm.

I.

Thomas is the owner of property in Detroit, on which the former Studebaker Building once stood. On March 3, 2000, after providing Thomas with notice and an opportunity to be heard, the Detroit City Council passed

Keith Sanders, the Relator in this qui tam action brought
on behalf of the United States, appeals the District Court’s order
dismissing his claim pursuant to the False Claims Act (the
“FCA”), 31 U.S.C. §§ 3729-3733, for failure to state a claim.
I.
1The military’s allotment system is analogous to direct
deposits from a salary in the private sector and allows servi

{1} In this case, we consider whether an association that is organized under the Sanitary Projects Act (SPA), NMSA 1978, §§ 3-29-1 to -21 (1965, as amended through 2006), is immune from suit for damages, pursuant to the New Mexico Antitrust Act (NMAA), NMSA 1978, §§ 57-1-1 to -17 (1891, as amended through 1987). We conclude that an SPA association is a special function governmental unit,

{1} Rio Rancho Public Schools, Rio Rancho Superintendent Dr. Sue Cleveland, and Rio Rancho High School Principal Richard Vonancken (collectively “the School”) have petitioned this Court to issue a writ of error directing the district court to (1) dissolve an injunction it orally issued on May 12, 2006, ordering the School to allow Marcus Williams (Williams), a student at Rio Rancho High S

{1} In this case we decide whether the recreational use provision of the Off-Highway Motor Vehicle Act, NMSA 1978, § 66-3-1013(A) (2005) (OHMVA), which limits landowner liability for damages arising out of off-highway motor vehicle-related accidents or injuries occurring on the landowner’s lands, applies to government landowners as well as private landowners. Having considered the OHMVA in

¶1 Clyde A. Rhodes and Randy B. Birch (Plaintiffs) appeal from the district court's entry of summary judgment in favor of the Utah Department of Transportation (UDOT), Dian McGuire, and Craig Fox (collectively, Defendants). We reverse the district court's judgment and remand this matter for further consideration.

BACKGROUND

¶2 UDOT was the record owner of approximately 6.7 acres of

The plaintiff-appellee, Tarrant Regional Water District (“TRWD”), is a Texas agency responsible for supplying public water to the northern part of the state. The defendants-appellants are the nine members of the Oklahoma Water Resources Board (“OWRB”), the Oklahoma agency responsible for issuing permits for the appropriation, sale, and use of Oklahoma water. TRWD filed suit in federal dist

In this interlocutory appeal, LA Ash, Inc., appeals the grant of Texas A&M University’s plea to the jurisdiction. LA Ash contends in two issues that the trial court abused its discretion in dismissing its suit against A&M. We must decide if LA Ash affirmatively demonstrated that Texas Government Code chapter 2253, commonly called the McGregor Act, which establishes a waiver of sovereign immuni

Calvin and Gloria Fisk's recreational vehicle (RV) caught fire while the Fisks were driving on an interstate highway near Kirkland. They called 911 and the city of Kirkland Fire Department responded. Unfortunately, the first fire hydrant that the fire department attempted to use had insufficient water pressure. The Fisk's RV continued to burn while the department connected to a different hy

¶1 Simon D. Chalpin (“Chalpin”), and Hi-Health Supermart Corporation (“Hi-Health”) appeal from the trial court’s dismissal of their aiding and abetting claim against J. Kevin Snyder (“Snyder”) and his law firm, Robin, Kaplan, Miller & Ciresi, LLP (“Robin Kaplan”), pursuant to Arizona Rules of Civil Procedure 12(b)(6). Chalpin and Hi-Health also appeal from the trial court’s en