Immunity Law
 
Erin Lincoln v. Patrick Turner Fifth Circuit Court of Appeals - New Orleans, Louisiana

The police shot and killed John Lincoln as he stood beside then eighteenyear-
old daughter Erin. She here alleges that after she collapsed and cried out,
Officer Patrick Turner picked her up, threw her over his shoulder, and carried
her to a police car, where she sat handcuffed against her will. Erin brought
suit under 42 U.S.C. § 1983 against Turner, alleging unreasonable seizure

More...   $0 (11-05-2017 - TX)

RYAN DUFORT v.  CITY OF NEW YORK, JOSEPH MAROTTA, JAE SHIM, THOMAS CONFORTI,  WILLIAM SCHMITTGALL, and JOHN and JANE DOES 1 through 10 United States Court of Appeals for the Second Circuit

Dufort’s suit stems from his arrest and prosecution in New York 12 state court on charges of murder in the second degree and 13 manslaughter in the first degree that resulted in his acquittal by a 14 jury. On this appeal, we take the facts, most of which are not in 15 dispute, in the light most favorable to the plaintiff. See Taggart v. 16 Time Inc., 924 F.2d 43, 46 (2d Cir. 1991). 17 I. The Attac

More...   $0 (11-03-2017 - NY)

ANA L. PAZ v. STATE OF NEW JERSEY R. J. Hughes Justice Complex, Trenton, NJ

Plaintiff appeals from an order that granted summary judgment
to the State of New Jersey, dismissing her personal injury claim
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in othe

More...   $0 (11-02-2017 - NJ)

Chad E. Cohen and Kirsten Cohen v. Postal Holdings, LLC Second Circuit Court of Appeals - New York, New York

Plaintiffs‐Appellants Chad E. Cohen and Kirsten Cohen (the “Cohens”)
filed a Complaint in the Superior Court for the State of Connecticut against
Defendant‐Third‐Party‐Plaintiff‐Appellee Postal Holdings, LLC (“Postal
Holdings”), stating a claim of private nuisance based on injuries allegedly caused
by Postal Holdings’s failure to maintain a property it

More...   $0 (10-11-2017 - CT)

David Ganek v. David Leibowitz, et al. Second Circuit Court of Appeals - New York, New York

In this Bivens action, plaintiff David Ganek, a co‐founding
partner of investment fund Level Global Investors (“LG”), sues the
named agents of the Federal Bureau of Investigation (“FBI”) and
federal prosecutors in the United States Attorney’s Office for the
Southern District of New York (“SDNY”) for alleged violations of
his Fourth and Fifth Amendment rights in procuring

More...   $0 (10-17-2017 - NY)

Ryan Dufort v. City of New York Second Circuit Court of Appeals - New York, New York

25 Plaintiff‐appellant Ryan Dufort appeals from a memorandum
26 and order of the United States District Court for the Eastern District
4 No. 16‐1715‐cv
of New York (Steven 1 M. Gold, M.J.)2 granting summary judgment to
2 the defendants, the City of New York and New York City police
3 officers Joseph Marotta, Jae Shim, Thomas Conforti, and William
4 Schmitt

More...   $0 (10-27-2017 - NY)

JORGE YARUR BASCUÑÁN, ET AL. v. DANIEL YARUR ELSACA, ET AL. Second Circuit Court of Appeals - New York, New York

The question presented in this appeal is whether the plaintiffs
have plausibly alleged “a domestic injury” to their business or
property within the meaning of Section 1964(c) of the Racketeer
Influenced and Corrupt Organizations Act (“RICO”), the provision
commonly referred to as civil RICO.1 This question is one of first
impression—in this (or any) Court of Appeals—arising fro

More...   $0 (11-02-2017 - NY)

Matthew Gadd v. Jonathan Campbell Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

In this interlocutory appeal, Defendant Jonathan Campbell, a South Jordan
City, Utah, police officer, challenges the district court’s decision to deny him
qualified immunity from Plaintiff Matthew Gadd’s 42 U.S.C. § 1983 claim. Having
jurisdiction under 28 U.S.C. § 1291, see Mitchell v. Forsyth, 472 U.S. 511, 524-30
(1985), we REVERSE because Gadd has failed to show that Officer Ca

More...   $0 (10-26-2017 - CO)

Johnathan Jones v. Law Vegas Metropolitan Police Department Ninth Circuit Court of Appeals Courthouse - San Francisco, California

We consider whether police officers are entitled to
qualified immunity when they’re alleged to have caused the
death of a suspect by using tasers repeatedly and
simultaneously for an extended period.
BACKGROUND1
In the early morning of December 11, 2010, Officer Mark
Hatten of the Las Vegas Metropolitan Police Department
pulled over Anthony Jones for a routine traffic s

More...   $0 (10-20-2017 - NV)

United States of America v. Dan Calvert Wallen Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Dan Wallen appeals his conviction after a bench trial for
killing three grizzly bears in violation of the Endangered
Species Act. Although we reject Wallen’s argument that he
was entitled to a jury trial, we hold the magistrate judge, who
served as the trier of fact at trial, misconceived the selfdefense
element of the offense, and that error was not
harmless. We hold the “

More...   $0 (10-29-2017 - MT)

S.M. v. Lincoln County, Missouri Eighth Circuit Courthouse - St. Louis, Missouri

Plaintiffs S.M., L.M., K.W., and K.S. are former participants in the Adult Drug
Court of Missouri’s 45th Judicial Circuit (“Drug Court”), an alternative court
established to dispose of drug cases pursuant to Mo. Rev. Stat. §§ 478.001-.006.
Plaintiffs brought this 42 U.S.C. § 1983 damage action against Lincoln County and
other defendants, asserting that Scott Edwards, then a lieuten

More...   $0 (10-28-2017 - MO)

Jessica Jauch v. Choctaw County and Cloyd Halford Fifth Circuit Court of Appeals - New Orleans, Louisiana

Jessica Jauch was indicted by a grand jury, arrested, and put in jail—where she waited for 96 days to be brought before a judge and was effectively denied bail. The district court found this constitutionally permissible. It is not. A pre-trial detainee denied access to the judicial system for a prolonged period has been denied basic procedural due process, and we therefore reverse the district cou

More...   $0 (10-25-2017 - MS)

Louis V. Doss v. Texas Alcoholic Beverage Commission Agent Scott Helpenstell

Louis Doss (“Doss”) filed a complaint against Scott Helpenstell (“Helpenstell”), an agent of the Texas Alcoholic Beverage Commission, alleging unlawful arrest and excessive force during Helpenstell’s arrest of Doss for disorderly conduct and resisting arrest with a deadly weapon. The district court granted Helpenstell’s motion for summary judgment on the basis of
* Pursuant to 5TH CIR. R. 47.5

More...   $0 (10-24-2017 - TX)

David Ganek v. David Leibowitz, et al. Second Circuit Court of Appeals - New York, New York

In this Bivens action, plaintiff David Ganek, a co‐founding
partner of investment fund Level Global Investors (“LG”), sues the
named agents of the Federal Bureau of Investigation (“FBI”) and
federal prosecutors in the United States Attorney’s Office for the
Southern District of New York (“SDNY”) for alleged violations of
his Fourth and Fifth Amendment rights in procuring

More...   $0 (10-17-2017 - NY)

Kilgore Independent School District, et al. v. Darlene Axberg, John Claude Axberg, Sheila Anderson, and the State of Texas

On June 29, 2015, the Board of Trustees of Kilgore Independent School District (KISD) voted to repeal KISD’s local option homestead exemption (LOHE). That repeal came just fourteen days after Governor Greg Abbott signed Senate Bill No. 1 (SB1), which (A) was to become effective on the later passage of an enabling constitutional amendment by the voters, (B) increased a statewide homestead exemption

More...   $0 (10-12-2017 - TX)

In Re: Fundamental Long Term Care, Inc. Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

This case has a complex procedural history lasting more than a decade and spanning several state and federal venues. It began when the estates of several deceased nursing-home patients (the “Estates” or “Appellants”) brought a series of wrongful-death suits against a network of nursing homes. These suits collectively resulted in $1 billion in empty-chair judgments against the network. In an effort

More...   $0 (10-21-2017 - FL)

Maria J. Morales v. Sony Fry and Brian Rees Ninth Circuit Court of Appeals Courthouse - San Francisco, California

The primary issue in this appeal is whether the “clearly
established” prong of the qualified immunity analysis should
be submitted to a jury. Following the lead of nearly all of
our sister circuits, we conclude that it is a question of law
that must ultimately be decided by a judge.
Background
This case arises from Maria Morales’s arrest during the
May 1, 2012 “May Day”

More...   $0 (10-16-2017 - WA)

Jimmy Duane Weed v. Corporal T.R. Jenkins; Colonel Ronald K. Replogle; Colnel Sandra K. Karsten Eighth Circuit Courthouse - St. Louis, Missouri

Jimmy Duane Weed participated in a highway overpass protest. Due to traffic
safety concerns, state troopers told the protesters to disperse. Weed did not comply.
1The Honorable John M. Gerrard, United States District Judge for the District
of Nebraska, sitting by designation.
He was arrested. Weed sued, alleging that his arrest violated the First and Fourth
Amendments and that

More...   $0 (10-17-2017 - MO)

Darrell Frederick v. Vince Motsinger Eighth Circuit Courthouse - St. Louis, Missouri

Police officers called to a convenience store in Rogers, Arkansas, confronted
Fallon Frederick, holding a four-inch folding knife and erratically pacing back and
forth in a corner near two restrooms. Frederick refused to comply with Sergeant Scott
Clifton’s repeated commands to drop the knife. Officer Nick Torkelson discharged
his taser but Frederick blocked one probe with her purs

More...   $0 (10-17-2017 - AR)

Keri L. Borzilleri v. Marilyn J. Mosby Fourth Circuit Court of Appeals Courthouse

This case arises out of appellant Keri Borzilleri’s suit alleging that appellee Marilyn Mosby fired her for supporting Mosby’s political rival, thereby violating Borzilleri’s First Amendment rights. The district court determined that, as an Assistant State’s Attorney, Borzilleri was a policymaker exempt from the First Amendment’s protection against patronage dismissals. We affirm. To hold otherwis

More...   $0 (10-17-2017 - MD)

Maxine Stewart as Personal Representative, etc. v. The Superior Court of San Bernardino County, St Joseph's Health, Real Party in Interest

The petition in this case challenges a trial court order summarily adjudicating a
cause of action under the Elder Abuse and Dependent Adult Civil Protection Act (the
Act), a cause of action for fraud by concealment, and another for medical battery, while
allowing other claims, including one for medical negligence, to proceed to trial. Stewart
is the representative of Anthony Carter

More...   $0 (10-16-2017 - CA)

City of Bedford v. Leah Smith Tarrant County Courthouse - Fort Worth, Texas

Appellee Leah Smith lived at The Arbors of Central Park, an apartment
complex in Bedford, Texas. In July 2015, as she was walking across the grass to
reach a sidewalk in front of her apartment, she stepped onto a manhole lid
covering a water-meter box within an easement owned by Appellant City of
Bedford. The lid flipped open, and Smith fell into the manhole and was injured.
1S

More...   $0 (10-12-2017 - TX)

James W. Paulsen v. Ellen A. Yarrell Harris County Courthouse - Houston, Texas

This is an appeal from a take-nothing final summary judgment rendered in favor of appellee Ellen A. Yarrell on appellant James W. Paulsen’s defamation claims. Paulsen challenges the trial court’s denial of a motion to dismiss, which attempted to invoke the Texas Citizens Participation Act. See TEX. CIV. PRAC. & REM. CODE §§ 27.001–.011. Paulsen also argues that summary judgment was improper becaus

More...   $0 (10-14-2017 - TX)

Vicki McKenney v. Nicholas Mangino United States Court of Appeals For The First Circuit - Boston, Massachusetts

This is a tragic case in which a
man died at the hands of a police officer who was trying to do his
job. The underlying suit alleges, in relevant part, that the
officer violated 42 U.S.C. § 1983 through the precipitous use of
deadly force. In a pretrial ruling, the district court held that
the officer was not entitled to qualified immunity at the summary
judgment stage. See

More...   $0 (10-11-2017 - ME)

Quentin Scott v. City of Albuquerque Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

A New Mexico statute makes it illegal to “willfully interfere with the
educational process” at a public school. N.M. STAT. ANN. § 30-20-13(D). In
2009, an Albuquerque Police Officer assigned to a middle school as a School
Resource Officer (“SRO”) relied on that statute to arrest a thirteen-year-old for
skipping class. The main question before us is whether qualified immunity
*

More...   $0 (10-05-2017 - NM)

Next Page

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