Immunity Law
 
James Horton v. Frank Pobjecky, Gary Caruana and Winnebago County Northern District of Illinois Federal Courthouse - Rockford, Illinois

Sixteen‐year‐old Michael
DeAngelo Sago, Jr., and three other young men attempted to
rob a pizzeria at gunpoint. Frank Pobjecky, an off‐duty police
2 No. 17‐1757
officer waiting for a pizza, shot and killed Michael.1 James
Horton, as administrator of Michael’s estate, brought various
federal and state claims against Pobjecky and others. The
distri

More...   $0 (02-27-2018 - IL)

John Doe v. Eric Holcomb Southern District of Indiana Federal Courthouse - Indianapolis, Indiana

John Doe, whose legal name is Jane
Doe,1 is a transgender man residing in Marion County, Indiana.
Though Doe is originally from Mexico, the United States
granted him asylum in 2015 because of the persecution he
might face in Mexico for being transgender. But this suit arises
out of Doe’s treatment in the United States. He alleges that he
faces harassment and discrimination

More...   $0 (03-02-2018 - IN)

Haskell G. Greer, et al. v. City of Highland Park, Michigan, et al. Eastern District of Michigan Countroom - Ann Arbor, Michigan

Individual defendants (“the officers”) in this 42 U.S.C. § 1983
matter appeal the district court’s denial of their motion for judgment on the pleadings based on
>
No. 17-1281 Greer, et al. v. City of Highland Park, Mich., et al. Page 2
qualified immunity. Because we find that the complaint states a plausible claim that the officers
violated the plaintiffs’ clearly established F

More...   $0 (03-06-2018 - MI)

Jonathan Pornomo v. United States of America Eastern District of Virginia Federal Courthouse - Richmond, Virginia

On May 31, 2011, Sie Giok Giang, a passenger on a Sky Express interstate bus traveling from North Carolina to New York, was killed when the driver fell asleep at the wheel and ran the bus off the side of a Virginia highway. About seven weeks before the crash, Sky Express had been given an “unsatisfactory” safety rating by the Federal Motor Carrier Safety Administration (“FMCSA”), a rating that ord

More...   $0 (03-04-2016 - VA)

Evan Weiss v. The People ex rel. Department of Transportation


Plaintiffs sued defendants People ex rel. Department of Transportation
(CalTrans), and Orange County Transportation Authority (OCTA; collectively,
Agencies), for inverse condemnation and nuisance. The complaint alleged a freeway
sound wall the Agencies built directly across the freeway from Plaintiffs’ homes
increased the noise and dust Plaintiffs experienced, interfered with

More...   $0 (03-04-2018 - CA)

United States of America v. Pedro Lopez-Cotto District of Massachusetts Federal Courthouse - Boston, Massachusetts

Appellant Pedro Jose Lopez-Cotto
("Lopez"), a police officer in the City of Lawrence, Massachusetts,
was indicted on charges of participating in a bribery scheme
whereby he referred large numbers of vehicle towing requests
to M & W Towing in exchange for a stream of benefits that included
discounts on the purchase of abandoned cars and equipment. After
a jury trial, Lopez w

More...   $0 (02-27-2017 - MA)

Roland G. Hill and Mary R. Hill v. Edward Walsh District of Massachusetts Federal Courthouse - Boston, Massachusetts

In this opinion, we bring our
circuit law into conformity with the Supreme Court's precedent on
the emergency aid exception to the Fourth Amendment requirement
that a warrant be obtained before police entry into homes. We
explain below.
On March 3, 2015, Matthew Hill, age 28, overdosed and
was taken to Morton Hospital in Taunton, Massachusetts. The next
day, several Tau

More...   $0 (02-27-2018 - MA)

Area 51 Productions, Inc. v. City of Alameda

Area 51 Productions, Inc. (Area 51), an event planning company, had a longstanding
relationship with the City of Alameda (the City) to license the use of certain
City property to Area 51 for events Area 51 helped plan and promote with third-party
companies. The City relied on PM Realty Group, L.P. (PM) to assist it with managing
these license arrangements. Due to various problems a

More...   $0 (02-21-2018 - CA)

Friends of Moon Creek, et al v. Diamond Lake Improvement Ass'n, et al. Washington Court of Appeals, Division III - Spoken, Washington

After ruling on summary judgment that Sharon Sorby did not
enjoy qualified immunity from the plaintiffs’ claims under 42 U.S.C. § 1983, the trial
court certified its order under RAP 2.3(b)(4) as one “involv[ing] a controlling question of
law as to which there is substantial ground for a difference of opinion.” We granted
discretionary review. We conclude that Ms. Sorby enjoys quali

More...   $0 (02-19-2018 - WA)

Janelle Perez v. City of Roseville, et al. Eastern District of California Federal Courthouse - Sacramento, California

We are confronted in this case with the ongoing and difficult constitutional question of how much control the government can force individuals to cede over their private lives in exchange for the privilege of serving the public by means of government employment. To be sure, private citizens often must sacrifice some individual freedom as a condition of their employment by the State, but “a citizen

More...   $0 (02-09-2018 - CA)

Estate of Leon Walker, Jr. v. Building Inspector Hershell Wallace Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

One morning, a SWAT team raided a St. Louis house in which the plaintiffs
lived to execute a search warrant. According to the warrant affidavit, a detective
suspected that the house contained heroin, illegal firearms, and drug-trafficking
paraphernalia. The team knocked on the door, yelled "police," and quickly began
striking the door with a battering ram. The team also tossed a "f

More...   $0 (02-18-2018 - MO)

John Doe v. Miami University, et al. Southern District of Ohio Courthouse - Cincinnati, Ohio

In the fall of 2014, John Doe and Jane Doe1 were students at Miami University, a public university located in Oxford, Ohio. The two students knew each other and had engaged in several consensual “physical encounters.” This
case arises from an incident between John and Jane on September 14, 2014. Both parties had
consumed alcohol, and John states that he was so intoxicated that he cannot re

More...   $0 (02-16-2018 - OH)

Cathryn Stout v. Staff Sergeant Brad Vincent Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

We decide whether the district court erred when granting summary judgment in favor of a police officer on the racial profiling claims of a black couple. The district court found that the couple failed to raise any genuine issue
of material fact showing that the officer violated their equal protection rights
under the Fourteenth Amendment. We affirm.
Facts and Proceedings
Cathryn Sc

More...   $0 (02-15-2018 - MS)

E.W. v. Rosemary Dolgos and WICOMICO County Sheriff's Department District of Maryland Federal Courthouse - Baltimore, Maryland

This matter involves a school resource officer’s decision to handcuff a calm, compliant elementary school student for fighting with another student three days prior. The child brought a claim under 42 U.S.C. § 1983 for excessive use of force in violation of the Fourth Amendment and several state law claims. On a motion for summary judgment, the district court concluded that the officer’s conduct d

More...   $0 (02-14-2018 - MD)

Mariusz Bogdanski v. Daman Budzik v. Fedex Ground Package System, Inc. Union County Courthouse - Niobara, Wyoming

[¶1] Mariusz Bogdanski and Damian Budzik were codrivers of a commercial semitruck
that was involved in an accident on Interstate 80 east of Evanston, Wyoming.
Bogdanski was injured in the accident and filed an action against Budzik, alleging that
his negligence caused the accident. He also sued FedEx Ground Package System, Inc.
(FedEx), the company whose trailers they were hauling,

More...   $0 (02-13-2018 - )

S.H. v. Campbell County School District, et al. Albany County Courthouse - Laramie, Wyoming

[¶1] SH received special education services at the Campbell County School District (School District) in accordance with an Individual Education Plan (IEP), pursuant to the federal Individuals with Disabilities Education Act. She was injured when she slipped and fell on the school playground, and she filed a complaint against the School District to recover damages for her injuries. SH claimed that

More...   $0 (02-13-2018 - WY)

Keith Hancock, Tamera Thomas and Jason Dessingue v. The County of Rensselaer, Jack Mahar, Elaine Young, David Hetman Northern District of New York Federal Courthouse - Syracuse, NY

7 Appellants were employees of the Rensselaer County Jail. Their medical
8 records were secretly accessed without their permission by at least one other
9 employee at the Jail. They sued in the United States District Court for the
10 Northern District of New York, alleging violations of their right to privacy in
11 health information under the Fourteenth Amendment and of the Comput

More...   $0 (02-13-2018 - NY)

Brande Lee Samuels v. Ryan McDonald, Robert Nigh, Steve Kunzeiler, Isaac Shields, Stuart Southerland Northern District of Oklahoma Federal Courthouse Tulsa, Oklahoma

Brande Lee Samuels appeals the district court’s dismissal of his amended
complaint that alleged claims under 42 U.S.C. § 1983 against three Tulsa County public
defenders and two prosecutors with the Tulsa County District Attorney’s Office. The
court dismissed the amended complaint without prejudice under 28 U.S.C.
§ 1915(e)(2)(B)(ii) for failure to state a claim. It granted Mr. Sam

More...   $0 (02-10-2018 - OK)

Alejandro Menocal, et al. v. National Advocacy Center of The Sisters of the Good Shepherd, et al. District of Colorado Federal Courthouse - Denver, Colorado

This appeal addresses whether immigration detainees housed in a private contract
detention facility in Aurora, Colorado (the “Aurora Facility”) may bring claims as a class
under (1) 18 U.S.C. § 1589, a provision of the Trafficking Victims Protection Act (the
“TVPA”) that prohibits forced labor; and (2) Colorado unjust enrichment law.
The GEO Group, Inc. (“GEO”) owns and operates th

More...   $0 (02-10-2018 - CO)

Timothy Redmond v. Scott Crowther District of Utah Federal Courthouse - Salt Lake City, Utah

This appeal arises from prison officials’ attempt to gain control over an
agitated prisoner who refused to obey their orders, locked himself in the prison’s
outdoor recreation yard, and threatened prison officials. To subdue the prisoner,
prison officials decided to drop CS gas, a commonly used tear gas, into the
recreation yard.
The plan went awry. The recreation yard containe

More...   $0 (02-10-2018 - UT)

Juan D. Vega, Jr. v. United States of America, et al. Western District of Washington Federal Courthouse - Seattle, Washington

Juan Vega, Jr. was transferred from federal prison to a Seattle non-profit residential reentry center to complete the remainder of his prison sentence. There, he alleged that federal and private employees conspired to remove him from the halfway house known as Pioneer House, ostensibly based on his race and for asserting his First Amendment rights, by filing a false incident report. After his retu

More...   $0 (02-09-2018 - WA)

United States of America v. David E. Schultz Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

St. Louis, MO - St. Louis County Man Sentenced for Scamming Individuals

David E. Schultz defrauded multiple victims by falsely stating that he could provide various legal remedies to them. He demanded victims provide him cash or assets, such as jewelry, gold, silver, and other items of value that could quickly be converted into cash in exchange for future services. Schultz demanded victi

More...   $0 (02-07-2018 - MO)

Donald Morgan v. Michael Robinson District of Nebraska Federal Courthouse - Lincoln, Nebraska

After Donald Morgan ran against his boss Michael Robinson, the incumbent
sheriff, in a primary election, Robinson terminated Morgan’s employment as a deputy
with the Washington County, Nebraska Sheriff’s Office for statements Morgan made
during the campaign. Morgan then brought this First Amendment retaliation action
under 42 U.S.C. § 1983, and Robinson moved for summary judgment o

More...   $0 (02-08-2018 - )

Victoria G. Collins v. Commissioner of Social Security Northern District of Ohio Courthouse - Cleveland, Ohio

Victoria Collin brought suit against the Commissioner of
Social Security to recover moneys she says are “due and owing” as a result of the
Commissioner’s failure, for about a year, to garnish certain benefits paid to her ex-husband. The
district court dismissed the suit on grounds of sovereign immunity. We affirm.
>
No. 17-3733 Collin v. Comm’r of Soc. Sec. Page 2
Collin di

More...   $0 (01-31-2018 - OH)

Charles Deal and Annette Deal, Personal Representatives of the Estate of Serenity Deal v. Sean Devon Brooks, Randy J. Jack and Jennifer Shawn and State of Oklahoma ex rel. Oklahoma Department of Human Services

¶1 This action arises from tragic circumstances involving the murder of a child placed in the custody of her biological father. Plaintiffs/Appellants Charles and Annette Deal (Plaintiffs) appeal the trial court's Order granting summary judgment in favor of Defendant/Appellee State of Oklahoma ex rel. Oklahoma Department of Human Services (DHS). Although the Order does not address all issues and De

More...   $0 (12-30-2016 - OK)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher