Immunity Law
 
Colleen M. Bradley v. West Chester University of The Pennsylvania State Sytem of Higher Education Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

While employed in an administrative position at West
Chester University of Pennsylvania, Colleen Bradley shared
her concerns about one of the school’s budget documents with
her colleagues. Subsequently, she was informed by her
supervisor that her employment contract would not be
renewed. Arguing that her speech was protected by the First
Amendment to the United States Const

More...   $0 (02-02-2018 - PA)

Anthony Migliaro v. Fidelity National Indemnity Insurance Company, a/k/a Wright National Flood Insurance Company District of New Jersey Federal Courthouses

The issue in this case is whether the rejection of a policyholder’s proof of loss constituted a “written denial of all or part of the claim,” thereby triggering the one-year statute of limitations that is set forth in every Standard Flood Insurance Policy (“SFIP”). After receiving a payment from Fidelity National Indemnity Insurance Company, based on an adjuster’s assessment of the damage to his p

More...   $0 (02-02-2018 - PA)

Mary M. Mayotte v. U.S. Bank National Association District of Colorado Federal Courthouse - Denver, Colorado

On this appeal the parties have asked us to determine how, or even whether, an
important—but subtle and often confusing—doctrine limiting federal-court jurisdiction
should apply to a unique Colorado procedure for “nonjudicial” foreclosure of mortgages.

The jurisdictional doctrine is the Rooker-Feldman doctrine, which forbids lower federal
courts from reviewing state-court c

More...   $0 (01-23-2018 - CO)

STATE OF OHIO v. KOREY RANDLE

At 7:00 in the morning on July 22, 2017, Matthew Thomas (“Thomas”)
left work and returned to his home on Cherry Street in Marion, Ohio. Trial Tr. 315.
At roughly 10:00 that morning, Randle came to Thomas’s house for a visit. Id. at
317. According to Thomas, he and Randle, at some point that morning, decided to
commit a robbery. Id. at 322. They got in Thomas’s car—which

More...   $0 (01-29-2018 - OH)

Lisa Demaree v. Laura Pederson; Amy Van Ness District of Arizona Federal Courthouse - Phoenix, Arizona

As this court has stated repeatedly, families have a “wellelaborated
constitutional right to live together without
governmental interference.” Wallis v. Spencer, 202 F.3d
1126, 1136 (9th Cir. 2000); accord Kirkpatrick v. Cty. of
Washoe, 843 F.3d 784, 789 (9th Cir. 2016) (en banc); Burke
v. Cty. of Alameda, 586 F.3d 725, 731 (9th Cir. 2009); Rogers
v. Cty. of San Joaquin, 48

More...   $0 (01-23-2018 - AZ)

Timothy L. Ashford v. Douglas County; State of Nebraska District of Nebraska Federal Courthouse - Lincoln, Nebraska

Nebraska lawyer Timothy Ashford appeals a district court order dismissing his
race discrimination suit on grounds of judicial and quasi-judicial immunity. We
conclude that Ashford lacked standing in the district court, so we vacate the district
court’s judgment and remand with instructions to dismiss the case without prejudice.
Our decision turns on the facts that were before the d

More...   $0 (01-25-2018 - )

Julie Peffer and Jesse Peffer v. Mike Stephens Western District of Michigan Federal Courthouse - Grand Rapids, Michigan

This appeal requires us to determine the extent of the
Fourth Amendment’s requirements for an affidavit supporting a warrant to search the residence
of an individual suspected of committing a crime involving the use of a computer.
That issue figures prominently in Plaintiffs Julie and Jesse Peffer’s appeal of the district
court’s grant of summary judgment in favor of Defendant Mike

More...   $0 (01-26-2018 - MI)

United States of America v. Sean James Hager Western District of Texas Federal Courthouse - Austin, Texas

Defendant Sean Hager was a long-time salesperson for Velocity Electronics (“Velocity”), a computer parts distributor in Austin, Texas. From 2008 to 2012, he misused Velocity’s confidential information to perpetrate a scheme that netted him $1.16 million. Hager was charged and convicted of mail, wire, and tax fraud, as well as money laundering. He raises numerous legal issues on appeal, but none is

More...   $0 (01-25-2018 - TX)

Eric C. Darden v. City of Fort Worth, Texas; W.F. Snow; and J. Romero Western District of Texas Federal Courthouse - Fort Worth, Texas

Fort Worth Police Officers W.F. Snow and Javier Romero arrested Jermaine Darden, a black man who was obese, while executing a no-knock warrant at a private residence. In arresting Darden, the officers allegedly threw him to the ground, tased him twice, choked him, punched and kicked him in the face, pushed him into a face-down position, pressed his face into the ground, and pulled his hands behind

More...   $0 (01-25-2018 - TX)

STRICKLAND v. STEPHENS PRODUCTION COMPANY Oklahoma Capital Building - Oklahoma City, Oklahoma

On October 6, 2014, David Chambers, who was an employee of RDT Trucking, Inc., was dispatched to an oil-well site in Crescent, Oklahoma, to pick up waste water. Stephens Production Company and Stephens Production Company Continental Properties, LLC (SPC) were the owners and operators of the well. Upon arrival at the well, Mr. Chambers worked on or around a device known as a "heater treater." Durin

More...   $0 (01-24-2018 - OK)

STATE OF OHIO v. MICHAEL D. SCOTT

On Saturday, September 26, 2015, Joshua Hamilton attended his sister
Bridget’s birthday party at Kricket’s Tavern in Huber Heights, along with his other sister,
Brittany, and one of Brittany’s friends. Trial Tr. vol. 3, 1099-1102. The staff that evening
consisted of four persons, one of whom served as a host and took photographs to be
used for promotional purposes. Id. at 10

More...   $0 (01-21-2018 - OH)

Melisa Richmond v. Rubab Huq, et al. Eastern District of Michigan Countroom - Ann Arbor, Michigan

Plaintiff Melisa Richmond was
incarcerated in the Wayne County Jail from December 26, 2012 through February 13, 2013.

While in the custody of the Jail, Richmond received treatment for a self-inflicted burn wound on
her chest as well as for psychological needs. Richmond contends that she received
constitutionally inadequate treatment for her burn wound, which necessitated skin

More...   $0 (01-16-2018 - MI)

Maria V. Pena v. City of Rio Grande City, Texas, Rosa Salinas, Jose Solis Southern District of Texas Courthouse - Houston, Texas

Maria Peña sustained injuries as a result of a tasing by police officers for the City of Rio Grande City. Peña sued the city and two of the officers in state court, alleging excessive force under 42 U.S.C. § 1983 and negligence under the
Case: 16-41522 Document: 00514306262 Page: 1 Date Filed: 01/12/2018
No. 16-41522
2
Texas Tort Claims Act (“TTCA”).
1 Upon removal, the distric

More...   $0 (01-15-2018 - TX)

Don Karms and Robert Parker v. Kathleen Shanahan, Sandra McKeon Crow and New Jersey Transit District of New Jersey Federal Courthouses

Don Karns and Robert Parker filed civil rights actions against the New Jersey Transit Corporation (“NJ Transit”) and NJ Transit Officers Kathleen Shanahan and Sandra McKeon Crowe in their official and individual capacities, alleging violations of the First, Fourth, and Fourteenth Amendments. Officers Shanahan and Crowe arrested Karns and Parker for defiant trespass and obstruction of justice after

More...   $0 (01-14-2018 - NJ)

Jered Sasen v. Richard V. Spencer District of Massachusetts Federal Courthouse - Boston, Massachusetts

This case, which pits a retired
petty officer against the United States Navy, is awash with novel
legal questions concerning the application and operation of
Article 31 of the Uniform Code of Military Justice (UCMJ). These
questions center on Article 31(b), which requires that a sailor
suspected of an offense be warned both that he need not make any
statement regarding that

More...   $0 (01-12-2018 - MA)

Evertee Simmons and Dontell Stephens v. Ric Bradshaw, Palm Beach Sheriff Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Dontrell Stephens was shot four times by Deputy Sheriff Adams Lin during
an encounter in West Palm Beach, Florida, on September 13, 2013. As a result,
Stephens now suffers from permanent paralysis.
In an action brought against Deputy Lin as an individual and Sheriff Ric
Bradshaw in his official capacity as the sheriff of Palm Beach County, the district
court granted summary jud

More...   $0 (01-11-2018 - FL)

STATE OF NEW MEXICO v. JOSHUA MAESTAS New Mexico Supreme Court

Following the altercation with Defendant, Barela received treatment for a
10 concussion at Presbyterian Medical Center and her doctor reported a domestic
11 incident to the police. While at the hospital, Deputy Metzgar of the Bernalillo County
12 Sheriff’s Department recorded his interview with Barela, who alleged that on
13 December 2, 2009, Defendant had physically abused her a

More...   $0 (01-09-2018 - NM)

John Lipsey v. United States of America, et al. Central District of Illinois Federal Courthouse - Urbana, Illinois

In this appeal, John Lipsey seeks
relief on behalf of his minor daughter J.L., for tragic injuries
suffered by J.L. at birth. The district court granted summary
judgment to the defendants, and Lipsey appeals that determination.
The facts underlying the grant of summary judgment are
set forth in detail in the district court opinion, and in relevant
part are as follows. On Ju

More...   $0 (01-04-2018 - IL)

STATE OF NEW MEXICO v. JOHN N. “JACK” McDOWELL, JR., New Mexico Supreme Court

James Chavez died from stab wounds to his chest on July 10, 2011 in his Rio
3 Rancho home. Shortly before his death, Chavez was cleaning his home with two
4 acquaintances, Casey Williams and David Dinelli. Defendant, Defendant’s son, and
5 Anthony Villagomez entered the home to recover goods stolen by Chavez that
6 belonged to Defendant’s son. Villagomez carried a sawed-off shot

More...   $0 (01-07-2018 - NM)

Elise Hilton v. Catherine Mish Sixth Circuit Court of Appeals for the Sixth Circuit

Elise and Ed Hilton, individually, and as next friends of their
developmentally-disabled daughter, EH (collectively, the “Hiltons”), appeal the district court’s
dismissal of their complaint. They argue that the district court erred in three respects. They
allege that Catherine Mish, City Attorney for Grand Rapids, was acting under color of state law
when she sent two emails from he

More...   $0 (01-05-2018 - MI)

Lindsey Rauner v. Lana G. Nelson, D.O., Marvin D. Isbell, M.D. and Norman Regional Hospital Authority d/b/a Norman Regional Hospital Cleveland County Oklahoma Courthouse - Norman, Oklahoma

Norman, OK - Lindsey Rauner, individually, and as Surviving Daughter and Administrator of the Estate of David Wayne Rauner, deceased, sued Lana G. Nelson, D.O., Marvin D. Isbell, M.D. and Norman Regional Hospital Authority d/b/a Norman Regional Hospital on medical negligence theories.

David Wayne Rauner underwent a Roux-en-Y gastric bypass procedure at Norman Regional on August 20, 2014 a

More...   $1 (12-04-2017 - OK)

Wandering Dago Inc. v. New York State Office of General Services et al. United States Court of Appeals for the Second Circuit Court of Appeals - New York, New York

New York, NY Plaintiff‐appellant Wandering Dago, Inc., (“WD”) operates a food truck and
32 brands itself and the food it sells with language generally viewed as ethnic slurs.
33 Defendants‐appellees are officials within the New York State Office of General Services
* Judge Carol Bagley Amon, of the United States District Court for the Eastern District of
New York, sitti

More...   $0 (01-03-2018 - NY)

William Hassell v. Brian Fischer, et al. Second Circuit Court of Appeals - New York, New York

Appeal and cross‐appeal from the Sept. 28, 2016, judgment of the District
Court for the Southern District of New York (Alvin K. Hellerstein, District Judge)
requiring New York prison and parole officials to pay William Hassell, a former
state prisoner, nominal damages plus attorney’s fees for their unreasonable delay
in requesting a New York trial court to resentence Hassell

More...   $0 (01-04-2018 - NY)

Rodney D. Bailey v. Dallas County, Texas; Dallas County Sheriff's Department Civil Service Commission and Juanita H. Nanez, Steve Hanna and Dwayne Bishop, In their Official Capacities as Members of the Sheriff's Department Civil Service Commission

This case concerns a district court’s subject-matter jurisdiction to hear the case of a deputy sheriff, Rodney D. Bailey, who was terminated by Dallas County and whose civil service proceeding was dismissed. Bailey appeals the trial court’s dismissal of his suit against Dallas County, the Dallas County Sheriff’s Department’s Civil Service Commission, and the members of the Commission. Bailey bring

More...   $0 (12-21-2017 - TX)

STATE OF KANSAS v. CORNELIUS RUFF III

On July 30, 2014, Ruff was charged with six counts: kidnapping, aggravated kidnapping, aggravated criminal sodomy, aggravated burglary, and two counts of aggravated robbery. The case was set for jury trial but due to witness issues and Ruff's pro se motion to dismiss his counsel, Paul Dent, the trial was delayed. Dent was allowed to withdraw, and KiAnn (McBratney) Spradlin was appointed as new co

More...   $0 (12-29-2017 - KS)

Next Page

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