Immunity Law
 
Liutauras Dargis v. Michael F. Sheahan, Sheriff of Cook County, et al.

Beginning in 1982, Liutauras Dargis was employed as a correctional officer with the Cook County Sheriff's Office. In February 2000, Dargis suffered a stroke while on duty. When Dargis attempted to return to work in July 2001, the Sheriff's Office declined to reinstate him due to physical restrictions imposed by Dargis's physician, placing him instead on leave without pay. After exhausting h

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John Doe v. Footstar Corporation, et al.

John Doe and Jane Doe, as next friends and guardians of their minor daughter (the plaintiffs), appeal the trial court's final judgment on the pleadings entered in favor of Footstar Corporation.1 We affirm.

The plaintiffs sued Footstar Corporation and Joel Cooper, claiming that Cooper had assaulted and sexually battered their daughter in the course and scope of his employment with Foots

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Arnold, Matheny and Eagan, P.A. v. First American Holdings, Inc., etc., et al.

The issue before us involves the interpretation of Florida‟s garnishment statute and the obligations it imposes on third parties, including attorneys, who are served with writs of garnishment. In its decision in First American Holdings, Inc. v. Preclude, Inc., 955 So. 2d 1231 (Fla. 2d DCA 2007), the Second District Court of Appeal ruled upon the following question, which the court certified

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Michael E. Hadley v. G. Gutierrez, Miami Beach Police Office, Badge #710, et al.

This excessive force case is before us on interlocutory appeal from the district court's order denying Defendants Ortivero's and Gutierrez's motion for summary judgment seeking qualified immunity. We affirm in part and reverse in part.

I. Background

Michael Hadley filed pro se a civil rights complaint under 42 U.S.C. § 1983 against Miami Beach police officers German Gutierrez an

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Dana L. Price-Cornelison v. Steve Brooks

Defendant-Appellant Steve Brooks, the Undersheriff of Garvin County, Oklahoma, appeals the district court's decision denying him qualified immunity on Plaintiff-Appellee Dana L. Price-Cornelison's two constitutional claims that Brooks failed to enforce Price-Cornelison's protective orders because she is a lesbian victim of domestic violence. Price-Cornelison specifically alleged that, in refu

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Robert Yaklich v. Grand County, et al.

This appeal arises out of Tabernash Meadows, LLC's (Tabernash) failed attempt to create a subdivision called Pole Creek Valley in Grand County, Colorado. Robert Yaklich, the founder and sole owner of Tabernash, filed suit against various defendants, who moved to dismiss. The district court granted the motions. We AFFIRM in part, REVERSE in part, and REMAND as set forth in this Order and Judgm

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Roger and Doreene Watson v. Apache County

1 Roger and Doreene Watson appeal the trial court's summary judgment in favor of Apache County on their claim for negligent misrepresentation. The Watsons challenge the court's rulings that the County is entitled to qualified immunity and that they failed to present or identify facts or an expert witness to establish gross negligence. For the following reasons, we conclude that the County is not e

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City of Alexander v. Royal Doss

The City of Alexander, hereinafter "the City," appeals from an order of the Pulaski County Circuit Court awarding Royal Doss $6,180 for maintaining a ditch on a city right-ofway adjacent to Doss's property. On appeal, the City argues: 1) the trial court erred in finding that the City was not entitled to immunity under Arkansas Code Annotated section 21-9-301 (Repl. 2004), when the cause of act

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State ex rel. City of Blue Springs, Missouri v. The Honorable W. Stephen Nixon

Relator City of Blue Springs ("City") seeks a writ of prohibition requiring Respondent, the Honorable W. Stephen Nixon, to grant its motion for summary judgment on claims brought against the City by Blue Springs residents Shawn and Jennifer Stevens. The Stevenses allege that the City is liable to them under a theory of inverse condemnation because the City approved the plat of the development in w

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Nic J. Eichenseer v. Madison-Dane County Tavern League, Inc., et al.

This is an antitrust case. The plaintiffs1 accuse 24 taverns in the immediate vicinity of the University of Wisconsin campus in Madison and the Madison-Dane County Tavern League, Inc. (collectively, the defendants) of horizontal price-fixing violations under Wis. Stat. § 133.03(1)2 because, in response to pressure from city government to ban all drink specials after 8 p.m. in the city, the 2

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Ladawnya K. Carpenter, et al. v. Leslie Wayne Bowling, et al.

Three City of Franklin (Ohio) police officers argue that the district court erred in denying their motion for summary judgment with respect to Charles Combs' unlawfularrest and unlawful-entry claims and Ladawnya Carpenter's excessive-force claim. We affirm.

I.

In July 2002, an Ohio court entered a consent agreement between Sarah Kirby and Charles Combs concerning the custody of

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Misty Blessing v. National Engineering & Contracting Company, et al.

Misty Blessing appeals from the September 13, 2006, order of the Circuit Court of Kanawha County granting summary judgment to Appellee West Virginia Department of Transportation (the "Department") in connection with a wrongful death action Appellant filed against the Department and its employee, Appellee Byron Smith. In granting summary judgment to the Department and Mr. Smith, the trial court rul

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James York v. The City of Las Cruces, et al.

Plaintiff James York has sued the defendant police officers, Chris Gallegos,
Frank Lucero, and Greg Martinez, under 42 U.S.C. � 1983, for violating his First
and Fourth Amendment rights when they arrested him for saying "bitch" in a
public place and used excessive force during the arrest. The police officers
moved for summary judgment on the grounds of qualified immunity, arguing

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Kathleen Milligan-Hitt v. Board of Trustees of Sheridan County School District Number 2, et al.

A Wyoming jury found that a school superintendent in Sheridan County had unconstitutionally discriminated against two administrators. The judge allowed the jury to award damages for the superintendent's conduct against the school district but not against the superintendent himself. Both the plaintiffs and the school district have appealed, requiring us to decide the scope of municipal liabili

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Great Lakes Exploration Group, LLC v. Unidentified Wrecked and Abandoned Sailing Vessel, etc.

Great Lakes Exploration Group, LLC (GLEG), a private underwater exploration and salvage company, brought an in rem admiralty action seeking an arrest warrant for an ancient sailing vessel (The Griffin) that sank in Lake Michigan in the 1600s. The state of Michigan intervened to claim title to the vessel pursuant to the Abandoned Shipwreck Act (ASA), 43 U.S.C. §§ 2101-2106. Under the ASA, when

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Norman Pelletier, et al. v. Sordoni/Skanska Construction Company

This appeal arises out of the remand order in Pelletier v. Sordoni/Skanska Construction Co., 264 Conn. 509, 527, 825 A.2d 72 (2003), in which we held that an injured employee of an independent subcontractor may bring an action in negligence against the general contractor if the employee can establish a legal and factual basis for the general contractor's liability. Upon remand, the negligen

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Seven Up Pete Venture, et al. v. Brian Schweitzer, et al.

The primary question before us is whether the Eleventh Amendment precludes federal jurisdiction over an action seeking compensation under the Fifth and Fourteenth Amendments for a taking of property by a State.

The factual setting of this case is simple enough; the procedural context is more complicated. Seven Up Pete Venture ("the Venture") and other plaintiffs acquired leases of Mon

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Manta Management Corporation v. City of San Bernardino

Under federal law, "[l]ocal governing bodies . . . can be sued directly under [Title 42, United State Code] § 1983 for monetary . . . relief where . . . the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body's officers." (Monell v. N. Y. City Dept. of Social Services (1978)

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Kathleen Milligan-Hitt v. Board of Trustees of Sheridan County School District Number 2

A Wyoming jury found that a school superintendent in Sheridan County had unconstitutionally discriminated against two administrators. The judge allowed the jury to award damages for the superintendent's conduct against the school district but not against the superintendent himself. Both the plaintiffs and the school district have appealed, requiring us to decide the scope of municipal liabili

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Dennis Green v. City of Raleigh, et al.

This appeal involves challenges to the constitutionality of city ordinances requiring those who wish to picket on public ways to provide the city with prior notice of this intent and comply with certain restrictions while picketing. The district court held that the ordinances do not violate the First Amendment. We affirm.

I.

On August 23, 2003, Dennis Green and at least ten others

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Alan G. Palazzo, et al. v. Stephen D. Alves

The plaintiffs, Alan G. Palazzo and William B. Palazzo, appeal to this Court from a Superior Court judgment dismissing their amended complaint, in which they sought damages pursuant to G.L. 1956 chapter 33 of title 91 and in which they also included common law claims for malicious prosecution and abuse of process. On appeal, plaintiffs contend: (1) that the hearing justice erred in determining

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Rodney Chayer v. Ethan Allen, Inc., et al.

1. Plaintiff Rodney Chayer appeals from the trial court's grant of defendants' motion to dismiss his claim for civil damages arising out of a workplace accident for which he had previously received workers' compensation benefits. We affirm.

2. In 1996, plaintiff was employed at the Ethan Allen furniture manufacturing plant in Orleans, Vermont. As part of his employment, he op

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Terrance Jewett v. Officer Dale Anders

Terrance Jewett filed this action under 42 U.S.C. § 1983 against Officer Dale Anders, a Milwaukee police officer. He alleges that Officer Anders unlawfully arrested him and used excessive force in effectuating the arrest in violation of the Fourth Amendment, as made applicable to the states by the Fourteenth Amendment. He also alleges that Officer Anders deprived him of liberty without due

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Daniel John Wesche v. Mecosta County Road Commission

We granted leave to appeal in these two cases to determine whether the motor-vehicle exception to governmental immunity, MCL 691.1405, authorizes a claim for loss of consortium against a governmental agency. The motor-vehicle exception permits recovery of damages only for "bodily injury" and "property damage." A loss of consortium is not a physical injury to the body. Moreover, a claim for lo

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State of Louisiana, etc., et al. v. AAA Insurance, et al.

The Attorney General of Louisiana filed a class action, naming the State and numerous Louisiana citizens as Plaintiffs. The class action alleged that the Defendant insurance companies failed to pay covered insurance claims following Hurricanes Katrina and Rita and as a result breached the insurance contracts to which the State is a partial assignee. It requested damages and declaratory and in

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