Gary Community School Corporation (“GCSC”) appeals a jury verdict in favor of Neal Boyd III and Theresa Stanback (collectively “Parents”), as parents of Neal Boyd IV (“Neal”) on Parents’ claim of negligence against GCSC for the death of Neal, which occurred at Lew Wallace High School (“Lew Wallace”), a part of GCSC. GCSC raises several issues, of which we find the following dispo

Plaintiff, Benjamin Hernandez, the independent administrator of the estate of Alma Hernandez, filed a complaint against the defendants, Alexian Brothers Health System,1 Naphtali Kogan, M.D., and Cardiovascular Associated, S.C., and alleged, inter alia, that the defendants’ negligent acts were the proximate cause of Alma Hernandez’s death on June 6, 2002. Dr. Kogan and his employer, Cardiovascu

John and Donna Wellhausen (the Wellhausens) appeal the district court's order granting summary judgment in favor of the University of Kansas (University). The Wellhausens claim the district court erred in finding their wrongful death claim was barred by the discretionary function and design immunity exceptions to the Kansas Tort Claims Act (KTCA), K.S.A. 75-6104(e) and K.S.A. 75-6104(m), respecti

Plaintiffs (the “Garcias”) brought this action under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671, 2674, for personal injuries and damages sustained from exposure to toxic mold in their on-base housing unit at Holloman Air Force Base (“HAFB”) in New Mexico. They allege that the mold resulted from water that penetrated their home through a leak in their roof, and t

Deputy Kristin Jones appeals the district court’s partial denial of her motion for summary judgment based on qualified immunity. Jones stopped Plaintiff Sherry Amundsen after observing her improperly change lanes and weave between lanes. During the course of the stop, Jones administered roadside sobriety tests and ultimately arrested Amundsen for driving under the influence. Amundsen later submi

This is an action brought by plaintiff John Vondrak under 42 U.S.C. § 1983 2 against Officer Cindy McCants, Officer Nathan Krause, and the City of Las Cruces, New Mexico (collectively, “Defendants”). Vondrak has alleged claims against McCants and Krause for illegal arrest, excessive force, and inadequate medical attention, and Vondrak has included similar claims against the City for its failu

Bertha Keylon, brought suit against Officer Scott Barnard, under 42 U.S.C. § 1983, alleging that her Fourth Amendment rights were violated when she was arrested without probable cause for concealing her identity. After a jury found Officer Barnard not liable, Ms. Keylon submitted a post-trial motion including (1) a Rule 50(b) request for judgment as a matter of law; (2) an objection to the distri

The plaintiff in this case, M.C.,1 is a young child who suffers from severe emotional and mental health problems. During the relevant time period these problems ma-3- school psychologist). In addition to other claims not before us today, she argued that the defendants’ use of the timeout room violated M.C.’s Fourth Amendment right against unreasonable seizures and his Fourteenth Amendment righ

Plaintiff Jodi Schneider alleges that her constitutional rights were violated when police officers pulled over the car in which she was riding without probable cause and forced her to exit the vehicle despite an obvious medical injury. The district court denied defendant police officers’ motion for summary judgment on grounds of qualified immunity, and they have filed this interlocutory appeal.

Appellant, Clear Lake City Water Authority, appeals from a grant of summary judgment favoring appellees, Kirby Lake Development, Ltd., Miter Development Company, L.L.C., and Taylor Lake, Ltd., on appellees' breach of contract causes of action against the Water Authority. Appellees, a group of real estate developers, alleged that the Water Authority breached contractual obligations to place a part

Patricia Ann Powers, acting pro se, sued the City of Conroe and a city department, Conroe Animal Control, along with city employee, Lieutenant Wayne McCarty, and the municipal court judge of Conroe, Judge Cates. Pursuant to section 101.106(c) of the Tort Claims Act, the trial court dismissed McCarty and Cates, the individual defendants, from the suit. See Tex. Civ. Prac. & Rem. Code Ann. § 101.1

Appellants, Texas Tech University Health Sciences Center (TTUHSC) and University Medical Center (UMC) appeal from the trial court’s order denying their respective pleas to the jurisdiction in a medical malpractice suit brought by Appellees, Carita and Dustin Ward, arising from the death of their stillborn child. We reverse and render.

TTUHSC and UMC contend the Texas Tort Claims

This appeal arises from a tenured professor’s loss of employment. Appellant William A. Newman, a former professor at Texas A & M International University (“TAMIU”), raised various claims against certain TAMIU officials, all revolving around whether he resigned or was terminated. At the time final judgment was rendered, the remaining defendants were Nereu F. Kock, Jr., Jacky Yuk-Chow So, Dan

Shawn Connors appeals an adverse summary judgment on his excessive force, unlawful seizure, and conspiracy claims against law enforcement officers Ben Smith and Brian Smith and the Livingston Parish Sheriff’s Office through Sheriff Willie Graves. The district court determined that Connors could not pursue his claims against the defendants because they were entitled to qualified immunity. We affi

Plaintiff Jodi Schneider alleges that her constitutional rights were violated when police officers pulled over the car in which she was riding without probable cause and forced her to exit the vehicle despite an obvious medical injury. The district court denied defendant police officers’ motion for summary judgment on grounds of qualified immunity, and they have filed this interlocutory appeal.

This appeal involves a claim brought under the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, by a Jewish police officer who alleged that he was subjected to a hostile work environment based on his religion and ancestry. The principle issue before us is whether the trial court erred in denying a motion for involuntary dismissal and allowing the claim to be decided by the jury. The jury

In this case we decide whether the verbal threshold, N.J.S.A. 59:9-2(d), of the New Jersey Tort Claims Act (Act), N.J.S.A. 59:1-1 to 12-3, which essentially requires an objective permanent injury to recover damages, applies to a willful misconduct claim against a public employee. Additionally, we decide whether the trial court’s failure to charge the jury that the Act’s good faith defense, N.J

This appeal concerns the trial court’s granting of a motion for summary judgment filed by the defendant, the town of Westport, in an action in which the plaintiff, Robert E. Martin, Jr., alleged that the defendant discriminated against him in violation of General Statutes § 31-290a.1 Specifically, the plaintiff alleges that the defendant improperly terminated his employment after he was injured

Municipalities ordinarily have a duty of care with respect to the maintenance of public sidewalks, and, under General Statutes § 13a-149,1 they are liable for damages caused by a breach of that duty.

Pursuant to General Statutes § 7-163a,2 however, a municipality may adopt an ordinance that shifts to the owner of the land abutting a public sidewalk both the duty of care and liability with

On September 26, 2002, plaintiff-appellant Maher Arar, a dual citizen of Syria and Canada, and
the subject of a U.S. government “lookout,” J.A. 88, was detained by U.S. authorities at John F.
Kennedy International airport in New York City (“JFK Airport”) while en route from Tunisia to
Montreal. On October 7, 2002, J. Scott Blackman, then the U.S. Immigration and Naturalization<

The parties in this case disagree over the scope of copyright protection in a book about sales techniques authored by the late Leslie Achilles “Les” Dane. Peter Letterese & Associates, Inc. (“PL&A”), the exclusive licensee of the copyright in Dane’s book, claims that three entities affiliated with the Church of Scientology have been infringing its copyright by incorporating portions of t

Plaintiff filed this action on behalf of his deceased son, John Robert “Buster” Burnette, who died of a drug overdose while in police custody. Plaintiff alleges that Buster died as a result of Defendants’ deliberate indifference to a serious medical need in violation of clearly established law.

Milton Shane Taylor (“Deputy Taylor” or “Taylor”), David A. Batten (“Deputy Batte

Scott L. Howard appeals the district court’s dismissal of his 42 U.S.C. § 1983 civil rights action against several Colorado Department of Corrections (“CDOC”) employees.1 Howard alleges that defendants knew that he had been sexually assaulted by members of a prison gang, but despite this they failed to protect him from future harm by the gang. Although he reported his fears to prison office

In 1998, forty-six states, as well as several territories (“the settling states”), entered into a Master Settlement Agreement (“MSA”) with the four major tobacco companies. By that agreement, the settling states agreed to release the tobacco companies from liability for claims the states had against them to recover for tobacco-related health costs, and the tobacco companies in turn agreed

David Bryson was convicted of rape and spent 19 years in jail until exonerated by DNA evidence. He then sued Oklahoma City and a number of officials, including Police Chemist Joyce Gilchrist, District Attorney Robert Macy, and former Oklahoma City Police Chief Sam Gonzales, alleging that they falsely procured his original conviction and then prevented him from obtaining access to DNA evidence that