Immunity Law
 
Donald Morgan v. Michael Robinson





Donald Morgan sued his boss Michael Robinson for First Amendment
retaliation under 42 U.S.C. § 1983. Robinson moved for summary judgment based
on qualified immunity. The district court denied the motion. This court reverses and
remands.
I.
Morgan is

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Matthew Marble v. State of Tennessee




Under Title II of the Americans with Disabilities Act (ADA) and its implementing regulations, public entities are required to make reasonable modifications in their provision of services to avoid discriminating against disabled individuals. To protect disabled indivi

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Scott Lynn Gibson, a/k/a Vanessa Lynn v. Bryan Collier




A state does not inflict cruel and unusual punishment by declining to provide sex reassignment surgery to a transgender inmate. The only federal court of appeals to decide such a claim to date has so held as an en banc court. See Kosilek v. Spencer, 774 F.3d 63, 76–78, 87–89, 96 (1st C

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Jerud Butler v. Board of County Commissioners for San Miguel County





The First Amendment protects a government employee’s speech (1) made as a
citizen (2) on a matter of public concern (3) if the employee’s right to speak
outweighs the government’s interest as an employer in an efficient workplace. These
are the first three step

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United States of America v. Mary Carol S. Johnson, et al.





The three consolidated appeals currently before this court involve an action
brought by the Government to collect unpaid federal estate taxes. In Appeal No.
17-4083, the Government appeals from the district court’s determination that its
state-law c

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Laurence Johnson v. The Raytheon Company, Inc.

Plaintiff and appellant Laurence Johnson was seriously
injured when he fell from a ladder at work. At the time, Johnson
was employed by an independent contractor which provided
maintenance engineering staff for defendant and respondent The
Raytheon Company, Inc. Raytheon was undergoing a renovation
project of a water cooling tower on its premises. The prime
contractor for t

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Blanca Arizmendi v. Patrick Gabbert





Blanca Arizmendi teaches high school French in Brownsville, Texas. Patrick Gabbert, the school district’s criminal investigator, swore out an affidavit in support of a warrant for the arrest of Arizmendi for allegedly communicating a false

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James Steinle v. City and County of San Francisco




The facts of this case are undeniably tragic. Kathryn Steinle (“Steinle”), a 32-year-old woman, was shot and killed by Juan Francisco Lopez-Sanchez, an undocumented alien with a criminal record, after he was released from custody by the San Francisco Sheriff’s Department. In this appeal,

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Anmarie Calgaro v. St. Louis County, et al.





Anmarie Calgaro sued several parties alleging violations of her parental rights
over one of her minor children under the Due Process Clause of the Fourteenth
Amendment. The district court1 granted the defendants’ dispositive motions and
dismissed the complaint with pre

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Bruce A. Vance et al. v. State of Ohio




Tulsa Contract Legal Secretarial Services




On June 26, 2015, appellants, Bruce A. Vance, G. Fredrick Pierce-Ruhland, and the Joseph K. Blystone T

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Teresa Buchanan v. F. King Alexander




Plaintiff-Appellant Dr. Teresa Buchanan (“Dr. Buchanan”) was fired from her tenured professorship by the Board of Supervisors (“the Board”) of Louisiana State University and Agricultural and Mechanical College (“LSU”) in June 2015. In January 2016, Dr. Buchanan filed the instant lawsui

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United States of America v. Michael Dalton





In 2017, Michael Dalton was convicted by a jury of being a felon in possession
of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). Dalton challenges his
conviction on several evidentiary grounds. We agree with only one of Dalton’s
arguments—that the distri

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Micah Jessop v. City of Fresno





Micah Jessop and Brittan Ashjian (Appellants) appeal an order granting a motion for summary judgment on the defense of qualified immunity filed by the City of Fresno and City of Fresno police officers Derik Kum

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Sharyl Thompson Attkinson v. Eric Himpton Holder, Jr., et al.





Plaintiffs Sharyl Thompson Attkisson, James Howard Attkisson, and Sarah Judith Starr Attkisson appeal from the dismissal with prejudice of their claims in the Eastern District of Virginia. The plaintiffs sued a number of named and unnamed government officials for alleged illegal intrus

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Micah Jessop v. City of Fresno





Micah Jessop and Brittan Ashjian (Appellants) appeal an order granting a motion for summary judgment on the defense of qualified immunity filed by the City of Fresno and City of Fresno police officers Derik Kum

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Paul Tooly v. John F. Schwaller




2 On December 23, 2013, Paul Tooly sued the State University of New York at
3 Potsdam (“SUNY”); Mary Dolan, Director of Human Resources at SUNY; and
4 John Schwaller, then‐President of SUNY. Tooly claimed, inter alia, that the
5 defendants violated his p

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Kyle Lindsey and Zayne Mann v. Brandon Hyler




Kyle Lindsey and Zayne Mann were seriously injured when Lindsey lost
control of his utility vehicle on a gravel road after a brief police pursuit. They
claim the accident was caused by an overzealous officer who shou

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Ruben Sebastian v. Javier Ortiz




In this interlocutory appeal, Lieutenant Javier Ortiz of the Miami Police Department challenges the district court’s denial of his motion to dismiss this civil rights excessive force case arising out of a routine traffic stop. The appellee, Ruben Sebastian, alleges that duri

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United States of America v. Heath Solutions, P.C., et al.




Nita K. Patel and her husband, Kirtish N. Patel, were
convicted of defrauding Medicare in a prior criminal
proceeding. The United States then brought this civil action
for the same fraudulent schemes against Ms. Patel, Ms.
Patel’s healthcare company (Heart Solution P.C

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Donna L. Soto v. Bushmaster Firearms International, LLC, et al.




On December 14, 2012, twenty year old
Adam Lanza forced his way into Sandy Hook Elemen-
tary School in Newtown and, during the course of 264
seconds, fatally shot twenty first grade children and six
staff members, and wounded two other staff members.
Lanza carried

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Debra Lee Cruise-Gulyas v. Matthew Wayne Minard





Fits of rudeness or lack of gratitude may violate the Golden Rule. But that doesn’t make them illegal or for that matter punishable or for that matter grounds for a seizure.
>
No. 18-2196 Cruise-Gulyas v. Minard Page 2
Officer Matthew Minard pulled over Debra Cruise-Gulyas f

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STATE OF KANSAS v. JASON L. STEELE












In November 2016, at around 3 a.m., Steele drove to the residence of Kevin

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Richard D. Jackson v. David M. McCurry





This appeal arises from a course of events at Chattahoochee County Middle/High School in Cussetta, Georgia. The events began when a student, E.D.J., was accused of making fun of another student, M, for not making the volleyball team. After Josh Kemp, an administrative assista

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Andrea Armstrong v. Don Ashley

Glenn Ford was wrongly convicted of murder and spent 30 years in solitary confinement on death row before being fully exonerated, with all charges dropped. Ford sued the Defendants-Appellants1 (as well as other defendants not included in this appeal), all of whom were law enforcement officials at the time of Ford�s wrongful conviction, alleging suppression of
1 Don Ashley, Gary Alderman, Gar

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Kyle Ray Shaw v. Dwayne Villanueva




This qualified-immunity appeal arises from a political feud in Karnes County, Texas, ground zero for the Eagle Ford Shale oil boom. Squabbling, both personal and political, among county officials and activists led to Kyle Shaw’s arrest. Shaw sued, claiming that County Sheriff Dwayne Vi

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