Rita Miller, a former employee of the Clinton County Probation office, brought this civil rights action against the President Judge of the Court of Common Pleas of Clinton County, Pennsylvania, Richard Saxton, pursuant to 42 U.S.C. § 1983. Miller=s complaint asserts that Judge Saxton terminated her employment in violation of her First Amendment right to free speech, and her Fourteenth Amendment r

This case raises a single issue involving the so-called "postal-matter exception" to the Federal Tort Claims Act. That exception preserves sovereign immunity for "[a]ny claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matters." 28 U.S.C. § 2680(b). The question is whether the theft or concealment of mail--in this case, political campaign flyers that were

Following defendants' application of pesticides to plaintiff's house and yard, plaintiff brought this action, alleging claims for fraud, violation of the Unlawful Trade Practices Act (UTPA), negligence, intentional infliction of emotional distress, and trespass. The jury found for defendants on the fraud and UTPA claims and for plaintiff on the negligence and trespass claims.(1) The trial court en

In September of 2005, Joshua McKinney of ABBA Electric installed a new electric meter pedestal at a mobile home park in Nevada, Missouri. Mr. McKinney also installed three wires connecting the pedestal to Paul and Connie Scott's recently purchased mobile home. The City of Nevada (the City) had adopted the National Electric Code (NEC)(FN1) by ordinance as the regulations governing electrical instal

Plaintiff, Gregory Smith, sued his employer, the Waukegan Park District, in the circuit court of Lake County, alleging the District discharged him in retaliation for filing a workers’ compensation claim. The District filed a motion to dismiss pursuant to section 2–619(a)(9) of the Code of Civil Procedure (Code) (735 ILCS 5/2–619(a)(9) (West 2002)), claiming immunity pursuant to the Local Gov

The instant case involves an appeal from an order granting in part a judgment debtor’s claim of exemption filed in response to a levy on a bank account. The parties assert that the issue presented on appeal is one of first impression: Whether the judgment debtor’s exemption under Code of Civil Procedure section 704.070 for paid earnings traced to a deposit account is 75 percent of the paid ear

This case arises from Lazy Y Ranch’s attempt to lease grazing lands from the State of Idaho. The leases were auctioned by the State and although Lazy Y was the high bidder, the leases ultimately were awarded to other parties. Lazy Y filed a complaint under 42 U.S.C. § 1983, alleging that various state officials violated the Equal Protection Clause when they rejected its bids. In particular, Laz

In this suit alleging negligent operation of a governmentally owned and operated school bus, plaintiffs appeal by right the trial court’s order granting defendant’s motion for summary disposition under MCR 2.116(C)(7) based on governmental immunity because he had not suffered a “bodily injury.” We agree with the trial court that a plaintiff seeking to avoid governmental tort immunity throu

Officers Warner and Gale of the Royal Oak Police Department appeal the district court’s denial of their motion for summary judgment based upon qualified immunity. Because the facts construed favorably to plaintiffs state a constitutional violation, we AFFIRM the judgment of the district court.

I.

On August 9, 2003, Timothy McGuire and James Ryan traveled by bus from their native Ca

In December of 2001, the Coushatta Tribe of Louisiana (“CTOL” or “the Tribe”), a federally recognized Indian Tribe, entered into an “Agreement for Professional Services” with Meyer and Associates, Inc. (“Meyer”), for general engineering and construction services. This contract, signed by Lovelin Poncho, then the Chairman of the Coushatta Tribal Council, provided that the contract w

Appellant, Banner Sign & Barricade, Inc. ("Banner"), appeals from the trial court's summary judgment in favor of appellee Berry GP, Inc. ("Berry"). Berry brought a third-party action against Banner, seeking indemnification for amounts paid by Berry in the settlement of a wrongful death suit arising from an accident in a highway construction zone. By three issues, Banner contends that the trial cou

In the underlying lawsuit, Don Payne sued the Center for Health Care Services ("CHCS") for alleged violations of Texas Health and Safety Code section 241.152, which with exceptions not applicable here provides as follows: "a hospital or an agent or employee of a hospital may not disclose health care information about a patient to any person other than the patient or the patient's legally authorize

This is an interlocutory appeal from the denial of Appellants= plea to the jurisdiction. Appellants Wise Regional Health Systems f/k/a Decatur Community Hospital, Kathi Singh, R.N., Shirley Bevis, R.N., Kelli Weatherly, L.R.N., Bethany Isbell, L.R.N., Betty Jean Snodgrass, R.N., Debbie Atkins, R.N., Roseann Smith, R.N. and Traci Vanschuyver, R.N., appeal the trial court=s denial of their plea to

Plaintiff, Lloyd White, Jr., filed suit against the City of Kenner through its Police Department ("Police Department"), alleging that he was a passenger in a vehicle that was involved in an automobile accident caused by an unknown driver, who was unknown because the investigating officer failed to obtain that driver's information. He alleges that he was deprived of his right to obtain relief from

In this interlocutory appeal, appellants the City of League City, Texas ("the City") and League City police officers Raymond Singleton and Walter Hammann (collectively "the officers") appeal the trial court=s order denying their motion to dismiss. In their sole issue on appeal, appellants contend the trial court erred in denying their motion to dismiss the claims filed by appellee, Kenneth Castee

In this appeal, we consider when it is appropriate to afford government entities discretionary immunity under NRS 41.032(2) in the context of accepting and rejecting bids for public works projects. More specifically, we examine whether a government entity can be held liable in tort for replacing a subcontractor on a public works project bid before accepting the contractor’s bid, based on the gu

While crossing International Boulevard in Oakland at an unmarked pedestrian crosswalk, Rong Zeng Peng was struck by an automobile and killed. Her husband and minor daughter sued the City of Oakland (City) and others, alleging that Ms. Peng’s death was proximately caused by the dangerous condition of the intersection where the accident occurred. City moved successfully for summary judgment on the

Stuart Brehm IV, appeals from the order of dismissal entered after the trial court sustained without leave to amend 21st Century Insurance Company’s demurrer to his second amended complaint for breach of the implied covenant of good faith and fair dealing. Brehm contends the trial court misapplied the genuine dispute rule, which protects an insurer from a bad faith claim when its denial of benef

In this nationwide class action, 50 million present and former policyholders of State Farm Mutual Automobile Insurance Company (State Farm) contend that during the class period, 1983 to 1998, State Farm breached a duty to pay billions of dollars in dividends and, as a result, created an excessive surplus.

State Farm moved for summary judgment based on the business judgment rule, asserting t

Petitioner-appellants, a group of pharmacies, health care providers, senior citizens’ groups, and Medi-Cal beneficiaries (collectively “ILC”),1 seek to enjoin a state official from implementing legislation reducing payments to medical service providers under the state’s Medicaid program, known as “Medi-Cal,” by ten percent. ILC alleged in its complaint that the state legislation violat

Defendants–Appellants the mayor, town administrator, town clerk, and one of the town council members of Jackson, Wyoming, appeal the district court’s denial of qualified immunity in an employment termination case brought by Plaintiff–Appellee, the former town attorney.

BACKGROUND

Plaintiff worked as Jackson, Wyoming’s town lawyer on a contract basis from 1995 to 2005. The mos

This case involves an action brought by Pesnell in California for claims of federal constitutional violations and for claims of violations of the federal and state civil Racketeer Influenced and Corrupt Organizations Act (“RICO”). The principal issue in this case is whether these claims against employees of the government are barred by a judgment in an action brought by Pesnell in Arizona agai

This case involves a proposal by defendant Department of Natural Resources (DNR) to construct a public-access boat launch on Crystal Lake in defendant Benzie County. Plaintiff, Crystal Lake Property Rights Association, is composed of property owners in the vicinity of the proposed boat launch, and it sued to stop the construction of the boat launch. The trial court, in granting the DNR’s subsequ

Plaintiffs Grant Spinks, Robert Kovacs, and Michael Exley appeal from two orders entered on March 27, 2006, granting summary judgment to defendant The Township of Clinton (Clinton) and defendant Stephen Clancy (Clancy) dismissing plaintiffs' complaint in its entirety. Plaintiffs' complaint alleged retaliation by defendants in violation of plaintiffs' civil rights pursuant to 42 U.S.C.A. § 1983 an

¶ 1 This case once again raises issues concerning the enforceability of releases relating to recreational activities provided by commercial entities. Appellant, Barbara Lichtman Tayar, appeals from the order entered on March 31, 2006, in the Court of Common Pleas of Monroe County, that granted the motion for summary judgment filed by Appellees, Camelback Ski Corporation, Inc. and Brian Monaghan.<