Immunity Law
 
Christian Shadid v. K 9 University, LLC and Angele Soriano Oklahoma Court of Civil Appeals - Oklahoma City, Oklahoma

¶1 Plaintiff/Appellant Christina Shadid appeals from the trial court's order dismissing her lawsuit against Defendant/Appellee Angel Soriano. Shadid was attacked by a dog while acting within the scope of her employment at Defendant K 9 University, LLC, a company that boards and trains dogs. Soriano is the owner and managing partner of K 9 University, as well as the owner of the dog that attacked S

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Brandon Michael Gibby v. Hobby Lobby Stores, Inc. Oklahoma Supreme Court Courthouse - Oklahoma City, Oklahoma

¶1 This appeal determines the constitutionality of section 57 of the Administrative Worker's Compensation Act (AWCA), found at title 85A of the Oklahoma Statutes. Following a review of the record on appeal, the transcripts of the proceedings below, and the briefs of the parties and amici, this Court holds the forfeiture provision found at section 57 of title 85A violates the adequate remedy provis

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City of Dallas v. Leslie Papierski Dallas County Courthouse - Dallas, Texas

Appellee Leslie Papierski sued the City of Dallas after she slipped and fell on a puddle of
water inside the Kay Bailey Hutchison Convention Center arena. The City filed a plea to the
jurisdiction asserting immunity under the Texas Tort Claims Act. The trial court denied the
City’s plea to the jurisdiction. On appeal, the City argues the trial court erred by denying its plea
to the

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Michael Souryavong v. Lackawanna County Middle District of Pennsylvania Federal Courthouse - Scranton, Pennsylvania

In November of 2011 Sheldon Mann, a football player for the Palmerton Area School District, experienced a hard hit during a practice session. While some players thought that Sheldon may have been exhibiting concussion-like symptoms, he was sent back into the practice session by his Coach, Appellee Chris Walkowiak. After being returned to practice, Sheldon suffered another violent collision and was

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Gregory A. Grice, III v. Anthony McVeigh United States District Court for the Southern District of New York - New York, New York

Plaintiff‐Appellee Gregory A. Grice, III, a 16 year old train enthusiast, was
stopped and handcuffed after the Greenburgh Police Department received a 911
report that someone holding an electronic device was bending down by the
tracks at a rail crossing. After a search of the tracks by the Metropolitan Transit
Authority (“MTA”), the Greenburgh officers turned Grice over to th

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John Casserly v. The City of Delray Beach Palm Beach County Courthouse - West Palm Beach, Florida

The plaintiff appeals from the circuit court’s final order granting the City’s motion to dismiss the plaintiff’s complaint with prejudice. In the complaint, the plaintiff alleged, in sum, that the City’s negligence in failing to repair or warn against a pothole in the City’s street caused him injuries when he tripped over the pothole while rollerblading in the street. The circuit court reasoned th

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Nam Dang v. Sheriff, Seminole County, Florida Middle District of Florida Federal Courthouse - Tampa, Florida

Nam Dang’s health deteriorated while he was a pretrial detainee in the John E. Polk Correctional Facility (the “Jail”). Ultimately, Dang was diagnosed with meningitis, which caused him to suffer multiple strokes resulting in permanent injuries. Dang alleges § 1983 liability against several health care providers for providing inadequate medical care while Dang was in Jail and Seminole County Sherif

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Sandra Slater v. Michael Leslie Lake v. Michael Skelton Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

A majority of the Court has voted not to rehear en banc our decision in Lake v. Skelton, 840 F.3d 1334 (11th Cir. 2016), which held that Georgia’s sovereign immunity bars a complaint for damages against a deputy sheriff who failed to accommodate a dietary request from an inmate in a county jail in Georgia. The panel faithfully applied the arm-of-the-state test set out in Manders v. Lee, 338 F.3d 1

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City of Vallejo v. NCORP4, Inc.

The City of Vallejo (Vallejo or city) appeals from the denial of its request for a
preliminary injunction to enjoin the operation of a medical marijuana dispensary within
the city. The trial court concluded that the city’s ordinance conferring limited immunity
for the operation of such a dispensary conditioned on the prior payment of a business tax
imposes an unconstitutional ex po

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Janell Howard v. City of Coos Bay Ninth Circuit Court of Appeals Courthouse - San Francisco, California

We must decide whether the former employee of a City in Oregon may prevail on allegations that it violated the First Amendment and state law by refusing to rehire her.
I
A
Janell Howard served as the Finance Director for the City of Coos Bay (“City”) from 1998 through 2008. On September 16, 2008, after an investigation into whether Howard had shoplifted from Wal-Mart (from which no cha

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Estate of Jeffrey H. Ware v. Hospital of the University of Pennsylvania, et al. Federal Courthouse - Philadelphia, Pennsylvania

Barbara Boyer, the widow of a cancer researcher who developed a fatal tumor allegedly as a result of inadequate safety precautions taken to protect him from radiation in his lab, sued the University of Pennsylvania together with affiliated persons and entities.1 Before us is the reach of the Price-Anderson Act, see 42 U.S.C. § 2011, et seq., and its remedy-limiting provisions. The Act gives federa

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Travis Prichard v. The City of Oklahoma City

¶2 The dispositive issue on certiorari is whether 51 O.S. 1991 §155(6)1 provides immunity from liability when a police officer fails to provide appropriate medical care to those in police custody. Under these facts, we find that the City may not be immune from liability.

¶3 FACTS

¶4 It is undisputed that on June 10, 1995, Dekovan Bowler (Bowler), Michael Dean Cooper (Cooper), and

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Robert Jude Wilber v. Robert Curtis; Brian Kinsella; Michael Rogers Federal Courthouse - Boston, Massachusetts

This appeal concerns a challenge
to a summary judgment ruling that dismissed a lawsuit that a
Massachusetts property owner brought against three police
officers. The suit addressed the owner's arrest for actions that
he took in connection with his objection to the clearing of
vegetation on his property by the work crew for an electrical
utility, which held an easement to th

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Glenn E. Bras v. First Bank & Trust Company of Sand Springs, Oklahoma

¶1 On May 26, 1976, Glenn E. Bras (petitioner or Bras) obtained an unsecured loan in the amount of $240,000 from First Bank & Trust Company of Sand Springs, Oklahoma (respondent or First Bank), for which sum he executed a promissory note. The single payment loan was made on a demand basis, with a maturity date of July 26, 1976, if demand was not made. Bras made a deferral payment on or about July

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State of Missouri v. Jason Stockley St. Louis County Circuit Courthouse - St. Louis, Missoui

St. Louis, MO - Police Officer Found Not Guilty Not Guilty

The State of Missouri charged former St. Louis police officer Jason Shockley with first-degree murder by a grand jury for shooting and killing Anthony Lamar Smith in 2011 at the end of a high speed chase.

Stockey claimed that the thought that Smith had a gun.

The State claimed that Shockley planted the gun.

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Sharp Image Gaming, Inc. v. Shingle Springs Band of Miwok Indians

In this case, we reverse a judgment related to contractual claims that are
preempted by the Indian Gaming Regulatory Act (IGRA).
Defendant Shingle Springs Band of Miwok Indians (the Tribe) appeals from a
judgment after trial in favor of plaintiff Sharp Image Gaming, Inc. (Sharp Image), in
plaintiff’s breach of contract action stemming from a deal to develop a casino on the
Trib

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George Diego v. City of Los Angeles

The City of Los Angeles (the City) appeals from a judgment
against it following a jury trial in a discrimination action brought
by two officers of the Los Angeles Police Department (LAPD or
the Department). The two officers, George Diego and Allan
Corrales (the Officers), respondents in this appeal, are both
Hispanic. They claim that they suffered discrimination within
the

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United States of America v. Khayri Battle, Shane Brooks, and Bobby Rodgers Federal Courthouse - Pittsburgh, Pennsylvania

Pittsburgh, PA - 4 Defendants Sentenced to Prison for Refusing to Testify during Heroin Trial

A resident of Newark, New Jersey and three residents of Duquesne, Pennsylvania, each were sentenced in federal court to nine months of incarceration and three years of supervised release on their convictions for Contempt of Court.

United States District Judge Reggie B. Walton imposed the

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Matthew Malone v. Board of County Commissioners of Dona Ana County and The City of Las Cruces, New Mexico United States Court of Appeals for the Tenth Circuit Denver, Colorado

In this interlocutory appeal, Defendant-Appellant Chase Thouvenell contends
that the district court erred in denying him qualified immunity from a 42 U.S.C.
§ 1983 claim asserted by the personal representative of the estate of Michael Malone
(“Malone”), alleging that Deputy Thouvenell violated the Fourth Amendment when
he shot and killed Malone while trying to arrest him. We conclu

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Roger Lee v. William Driscoll United States Court of Appeals for the Eighth Circuit - St. Louis, Missouri

Mary and Roger Lee sued Mathews Township, South Dakota, and three
members of the Township Board of Supervisors—William Driscoll, Greg Albrecht,
and William Albrecht (collectively, the individual defendants)—alleging claims
under 42 U.S.C. § 1983 and state law. The defendants moved for dismissal and
summary judgment, which the district court denied in part and granted in part. The

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Jane Doe v. Etihad Airways, P.J.S.C. Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Plaintiff Jane Doe and her eleven-year-old daughter flew aboard
Etihad Airways from Abu Dhabi to Chicago. For the duration of the fourteen-hour journey,
Doe’s tray table remained open in her lap because a knob that was meant to hold it in place had
fallen to the floor. During the flight, Doe’s daughter found the knob on the floor and gave it to
Doe, who placed it in a seatback pock

More...   $0 (09-06-2017 - MI)

Randall Mills v. Weakley Barnard Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

This suit involves three main questions: (1) whether plaintiff
Randall Mills sufficiently pleaded a claim for malicious prosecution under 42 U.S.C. § 1983;
(2) whether Mills sufficiently pleaded a claim for fabrication of evidence under § 1983; and
(3) whether Mills sufficiently pleaded a Brady claim. The district court found that Mills had not
so pleaded and granted defendant Shar

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Joseph Montano v. State of Texas Fifth Circuit Court of Appeals - New Orleans, Louisiana

Joseph Montano’s felony trial was terminated when the state trial judge declared a mistrial after a witness invoked his Fifth Amendment right against self-incrimination while testifying at trial. After Texas determined to retry him, Montano unsuccessfully sought relief in Texas court, arguing that a retrial would violate his rights under the Fifth Amendment’s Double Jeopardy Clause. Montano then f

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Latrice Rubenstein v. Doe No. 1

In 2012, plaintiff, Latrice Rubenstein, filed a claim with defendant Doe
No. 1 (defendant), a public entity, alleging that from 1993 to 1994, when she was
a high school student, her cross-country and track coach, who was defendant’s
employee, sexually molested her. When the claim was denied, she commenced
the instant action against defendant and defendants Does Nos. 2-20. She alleg

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Lena Davenport v. Borough of Homestead, et al.

On an early Sunday morning in January 2013, Lena
Davenport was riding in the front passenger seat of a vehicle
driven by her son Donald Burris, Jr. After running a red light
and refusing to pull over, Burris led police officers on a
nearly five-mile low speed pursuit into the City of Pittsburgh.
As the pursuit entered an area with high pedestrian traffic,
City of Pittsburgh

More...   $0 (08-29-2017 - PA)

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