Immunity Law
 
Dawn D. Turnbull v. Lucerne Valley Unified School District

Plaintiff and respondent Dawn D. Turnbull sued defendants and appellants the
Lucerne Valley Unified School District (LVUSD), Tom Courtney, Suzette Davis, John
Buchanan, and Keri Gasper. Turnbull brought causes of action for (1) disclosing her
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private medical information (Civ. Code, § 1798.63); (2) invading her privacy (Pen.
Code, § 637.2); (3) interfering with her constituti

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Internal Revenue Service v. William Charles Murphy District of Maine Federal Courthouse - Portland, Maine

In this case, we need to determine
whether an employee of the Internal Revenue Service ("IRS")
"willfully violate[d]" an order from the bankruptcy court
discharging the debts of debtor-taxpayer William C. Murphy, as
that term is used in 26 U.S.C. § 7433(e). After careful
consideration, we hold that an employee of the IRS "willfully
violates" a discharge order when the emplo

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Livingston Manners v. Officer Ronald Cannella, Officer Karrie Sabillon and City of Hollywood Florida United States District Court for the Southern District of Florida - Miami, Florida

In 2014, Livingston Manners was arrested by City of Hollywood police officers. An altercation ensued. Manners filed suit in federal court regarding the incident and now appeals the district court’s grant of summary judgment against his claims -- federal civil rights claims for use of excessive force and for malicious prosecution as well as a companion state common-law claim for false arrest. Becau

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Thomas John Pope vs State of Florida

In 2012, the Florida Legislature found it was “in the public interest to encourage a person who is aware of or present during another individual’s drug overdose to seek medical assistance for that individual.” Ch. 2012-36, Laws of Fla. The Legislature therefore enacted the “911 Good Samaritan Act,” which provides that anyone “acting in good faith who seeks medical assistance for an individual expe

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Shelly Aversman and Matthew Aversman v. Christopher M. Nicholson, et al. AAA Court Reporting Company Kansas City's Premier Court Reporting Service

Plaintiffs Shelly and Matthew Aversman, husband and wife, appeal the
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(KBI) investigator Christopher M. Nicholson.1 Plaintiffs assert Mr. Nicholson
submitted a false affidavit to obtain an arrest warrant charging Ms. Aversman with
unlawful sexual relations with a high school student whom she taught. After the
charges against her were dismissed, Plaintiffs filed suit under 42 U

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John Doe v. Regents of the University of California, et al. Central District of California Federal Courthouse - Los Angeles, California

In this interlocutory appeal, The Regents of the University
of California (“The Regents”) and Suzanne Perkin (“Perkin”),
the assistant dean of students at the University of California
at Santa Barbara (“UCSB”), appeal the district court’s denial
of their motion to dismiss John Doe’s (“Doe”) second
amended complaint (“SAC”) on Eleventh Amendment
immunity, judicial exhaustion

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Richard Pike v. J. Brad Hester District of Nevada Federal Courthouse - Las Vegas, Nevada

In 2011, J. Brad Hester, a sheriff’s sergeant, conducted an
after-hours dog search of Richard Pike’s locked office. Pike
successfully petitioned a state court for an order of protection
against Hester. Pike later sued Hester in federal district court,
claiming that the search violated his Fourth Amendment
rights. In district court, Pike moved to preclude from
relitigation c

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Jamie Mahm v. Jefferson County, State of Missouri Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

Jamie L. Mahn brought a First Amendment patronage-discharge claim under
42 U.S.C. § 1983 against Jefferson County, Missouri; Howard Lee Wagner
(“Howard”), individually and in his official capacity as circuit clerk of Missouri’s
23rd Judicial Circuit; Howard Wesley Wagner (“Wes”), individually and in his
official capacity as county clerk/election authority of Jefferson County; and M

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WASSE ZAFER and ZAFER CHIROPRACTIC & SPORTS INJURIES, INC. v. ANDY HERMANN; FARMERS INSURANCE COMPANY, INC.; FARMERS GROUP, INC.; and FARMERS INSURANCE EXCHANGE

Wasse Zafer was the sole owner and operator of Zafer Chiropractic & Sports Injuries, Inc. Zafer originally filed suit against Farmers in February 2012 in Cole County, Missouri. Some of Zafer's patients were insured by Farmers' automobile insurance policies, which provided personal injury protection coverage and/or medical payments coverage. Zafer alleged that some of those insured patients execute

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Dennis McGee v. Thomas Knolton Western District of Tennessee Federal Courthouse - Memphis, Tennessee

Defendant-Appellant, Madison County, Tennessee, Sheriff’s Sergeant Thomas Knolton, appeals the district court’s denial of his motion for summary judgment based on qualified immunity in this excessive-force case brought by Dennis McGee, the father and Administrator of the estate of Dillon McGee, who was shot and killed by Knolton. We AFFIRM.
I.
On September 26, 2014, Madison County Deputy B

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James Gund v. County of Trinity

This lawsuit alleges that a Trinity County deputy sheriff phoned citizens James
and Norma Gund -- who do not work for the County -- and asked them to go check on a
neighbor who had called 911 for help likely related to inclement weather. The Gunds
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unwittingly walked into a murder scene and were savagely attacked by the man who
apparently had just murdered the neighbor and her

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STATE OF KANSAS v. CHRISTIAN DEMARCUS ROBBINS

Public defenders Stacy Donovan and Albert Bandy were appointed to represent Robbins, and trial was ultimately set for May 3, 2010.

In January 2010, Robbins sought to remove Donovan as one of his counsel based on a claimed conflict of interests. The court substituted attorney Reid Nelson for Donovan. Bandy remained on the case.

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Thomas M. Cannon v. Village of Bald Head Island United States Court of Appeals for the Fourth Circuit

In August 2014, the Village of Bald Head Island, N.C. (“Bald Head”), fired Plaintiffs Thomas Cannon, Jesse Conner, Donald Koons, and Nicholas Terrell (collectively, the “Officers”)—who worked for Bald Head’s Department of Public Safety (the “Department”)—for the content of messages the Officers sent in a private text-message chain. Approximately one year later, the Officers filed suit against Bald

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In the Matter of Property Seized from Jean Carlos Herrera and Fernando Rodriguez Supreme Court of Iowa

Claimants appeal an order by the district court that found Claimants’ Answer to the In Rem Forfeiture Complaint insufficient because it objected to providing
testimonial statements as to matters requested therein because claimant argued the
search and seizure were unlawful and such information would be fruit of the
poisonous tree, and simultaneously forfeited the property. (A1144-14

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John Nist v. Steven Hall Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

A good faith purchaser is “[a] purchaser who buys
without notice of circumstance which would put a person of
ordinary prudence on inquiry as to the title, or as to an
impediment on the title, of a seller.” (Black’s Law Dict. (6th ed.
1992) p. 693, col. 2.) The trial court found that respondent,
Steven Hall, was a good faith purchaser at a lien sale and
acquired the contents

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Eric Blattman v. Thomas Scaramellino District of Massachusetts Federal Courthouse - Boston, Massachusetts

This appeal arises out of a civil
action brought in federal court in Delaware concerning a corporate
merger between Efficiency 2.0 LLC ("E2.0") and C3, Inc. (the
"Delaware Action"). See Eric Blattman v. Thomas Seibel, C.A. No.
15-cv-00530-GMS (D.Del). As part of the Delaware Action, Eric
Blattman ("Blattman"), attempted to depose Thomas Scaramellino
("Scaramellino"), the fo

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VICKY PITTMAN McNEELY v. THE STATE OF OKLAHOMA

On July 25, 2017, Vicky Pittman McNeely, Petitioner, by and through counsel Jason Edge and Melanie Lander, filed with the Clerk of this Court a Petition for Writ of Mandamus seeking relief from an order entered by the Honorable William D. LaFortune, District Judge, denying McNeely's Motion For Determination of Immunity in Tulsa County District Court Case No. CF-2013-343. Petitioner's request for e

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Monty Bauch v. Richland County Children Services Northern District of Ohio Courthouse - Cleveland, Ohio Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Defendant Holly Hartman (“Hartman”) appeals from the
judgment entered by the district court denying her motion for summary judgment on Count Four
of Plaintiffs’ complaint. For the reasons set forth below, we REVERSE the judgment of the
district court and REMAND the case to the district court for proceedings consistent with this
opinion.
I. BACKGROUND
This case arises out of

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Gloria Bustillos v. El Paso County Hospital District, et al. Western District of Texas Federal Courthouse - El Paso, Texas

This case stems from a series of increasingly intrusive body searches performed by state medical staff during a border stop in El Paso, Texas. The district court dismissed Appellant’s claims based on qualified immunity, failure to allege a valid claim for county liability under § 1983, and failure to meet Texas state tort standards. We affirm.
BACKGROUND
I. The Search and Seizure
Appel

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Damian Stinnie v. Richard D. Holcomb Western District of Virginia Federal Courthouse - Roanoke, Virginia

This case arises out of a constitutional challenge to Virginia Code § 46.2-395, pursuant to which anyone who fails to pay court costs or fines imposed after a conviction is subject to suspension of his or her driver’s license. Plaintiffs Damian Stinnie, Demetrice Moore, Robert Taylor, and Neil Russo owe court debts and, because of their inability to pay, have had their licenses suspended. They all

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Derrick Bryant v. Kenneth Egan, Officer, Johns Slezak, Officer District of Connecticut Federal Courthouse - New Haven, Connecticut

On April 2, 2013, Derrick Bryant brought suit against, inter alia, Officers
Kenneth Egan and John Slezak of the Meriden Police Department, alleging that
they had used excessive force against him in violation of the Fourth Amendment.
After a trial was held and the jury returned a verdict in favor of the officers, Bryant
moved for a new trial under Federal Rule of Civil Procedure 59.

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Patricia Theriault v. Genesis Healthcare, LLC District of Maine Federal Courthouse - Portland, Maine

Plaintiff-appellant Patricia
Theriault bills this case as one in which the district court
ignored the teachings of the Maine Supreme Judicial Court (known
in its appellate capacity as the Law Court) and improperly relied
on the McDonnell Douglas framework, see McDonnell Douglas Corp. v.
Green, 411 U.S. 792 (1973), when granting her employer's motion
for summary judgment. At

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STATE OF OHIO v. ANDREW MELMS

This matter is before the Court on the August 8, 2017 Notice of Appeal of
Andrew Melms. Melms appeals from the trial court’s July 28, 2017 Judgment Entry of
Conviction, following a no contest plea to one count of aggravated possession of drugs,
namely fentanyl, in violation of R.C. 2925.11(A), a felony of the fifth degree. His appeal
is specifically addressed to the trial co

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Michael Easley; Stephania Session v. City of Riverside; Sergio Diaz; Silvio Macias Central District of California Federal Courthouse - Riverside, California

On December 22, 2011, Michael Easley (“Easley”) was shot three times by Officer Silvio Macias (“Macias”) following a traffic stop. Based on his resulting injuries, which include permanent physical disability and paralysis, Easley filed this action alleging that Macias violated 42 U.S.C. § 1983 through the use of excessive force. The district court sua sponte ordered an evidentiary hearing regardin

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Edward Tobey v. Brenda Chibucos and Mary Stanton Northern District of Illinois Courthouse - Chicago, Illinois

One man’s extradition is another
man’s “kidnapping.” Edward Tobey, the plaintiff here, has
three state-court convictions (one in Illinois and two in Florida)
for possession of child pornography. Tobey also has a penchant
for resisting the conditions of probation placed upon him
2 Nos. 16-3927 & 16-4037
by courts and by his probation officer. In 2013, his tussles with
th

More...   $0 (05-17-2018 - IL)

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