Immunity Law
 
Angela Borrell v. Bloomburg University

This appeal—which raises questions involving the state action doctrine and the Due Process Clause of the Fourteenth Amendment—has important ramifications for private hospitals that partner with public universities. Angela Borrell, a student working at a private hospital through a public university’s clinical program, was dismissed for refusing to take a drug test in violation of hospital policy. S

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Larita Barnes v. United States of America United States Court of Appeals for the Tenth Circuit Denver, Colorado

Brandon McFadden was a disgrace to law enforcement. He joined other corrupt
officers in fabricating evidence, stealing drugs and money from suspects, and selling
drugs. Plaintiff Larita Barnes is one of his victims. Perjured testimony by McFadden
and others convicted her of selling drugs. She was imprisoned until the officers’
corruption was revealed. Because McFadden was a special

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Carolyn Mariani v. The State of Oklahoma, ex rel. Oklahoma State University

¶1 The question presented to this Court is whether certain provisions of The Governmental Tort Claims Act (GTCA), specifically 51 O.S. 2011 §§ 158(E) & 162(D), permit the State of Oklahoma or a political subdivision to set off from liability amounts previously paid to a GTCA tort claimant from the claimant's own insurer, thereby abrogating the collateral source rule for claims arising under the GT

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Charles Morse and Lesa Morse v. Michael Cloutier, et al. Federal Courthouse - Boston, Massachusetts

The Supreme Court has recognized
that "a man's house is his castle" and has interpreted the Fourth
Amendment to safeguard private homes against most warrantless
intrusions. Payton v. New York, 445 U.S. 573, 589-90, 596 (1980).
But there are some exceptions to this rule — and in this case, the
defendants (police officers acting as such) assert that exceptions
for exigent cir

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Tajie Major v. R.J. Reynolds Tobacco Company

William E. Major smoked two packs of cigarettes a day, on
average, from 1961 to 1989. He was diagnosed with lung cancer
in 1997, and died a year later. His wife, plaintiff Tajie Major,
brought suit against several manufacturers of cigarettes Major
had smoked, as well as manufacturers of asbestos to which he
had been exposed, alleging that Major’s smoking and his asbestos
ex

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Flanigan's Enterprises, Inc. of Georgia v. City of Sandy Springs, Georgia Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

We granted rehearing en banc to review the constitutionality of a municipal
ordinance prohibiting the sale of sexual devices in light of several recent Supreme
Court decisions which, it was argued, call into question the continued vitality of
this Court’s decision in Williams v. Attorney General (Williams IV), 378 F.3d
1232 (11th Cir. 2004). After we agreed to take the case en ba

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T.D. v. Kelcey Patton United States Court of Appeals - Denver, Colorado

T.D. sued Kelcey Patton under 42 U.S.C. § 1983 for violating his right to
substantive due process. He relies on a “danger-creation theory,” which provides that
“state officials can be liable for the acts of third parties where those officials created the
danger that caused the harm.” Currier v. Doran, 242 F.3d 905, 917 (10th Cir. 2001)
(quotations omitted).1

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Jay Russell Shafer v. County of Santa Barbara Federal Courthouse - Los Angeles, California

College student Jay Russell Shafer refused to drop water
balloons at the request of Santa Barbara Sheriff’s Deputy
Freddy Padilla. Deputy Padilla then used a leg sweep
maneuver to take down and arrest Shafer. Shafer sued Deputy
Padilla, asserting violations of his constitutional rights under
42 U.S.C. § 1983. Deputy Padilla asserted the defense of
qualified immunity.
Th

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Quinault Indian Nation v. Mary Linda Pearson Federal Courthouse - Seattle, Washington

Once again, the issue of tribal sovereign immunity and
cigarette taxes is back in the federal courts. In this iteration,
the Quinault Indian Nation (the “Nation”) sued Edward A.
Comenout, Jr.; Robert R. Comenout, Sr.; and other
defendants for engaging in a scheme to defraud the Nation
of taxes. When the Nation later asked the district court to
dismiss its action, Edward’s e

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Lynn D. Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation United States Court of Appeals for the Tenth Circuit Denver, Colorado

The Ute Indian Tribe of the Uintah and Ouray Reservation1 appeals a preliminary
injunction ordering it not to proceed with litigation in tribal court against a nonmember
former contractor, Lynn Becker. The district court ruled that although the parties’
dispute would ordinarily come within the tribal court’s jurisdiction, their Independent
Contractor Agreement (the Contract) waived

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Ute Indian Tribe of the Uintah and Ouray Reservations v. Honorable Barry G. Lawrence

This appeal arises from a contract dispute between Lynn Becker and the Ute
Indian Tribe of the Uintah and Ouray Reservation.1 Our concern, however, is not the
merits of the dispute but jurisdiction. Mr. Becker, who is not an Indian, pursued his
claim against the Tribe in Utah state court. The Tribe responded by filing suit in the
United States District Court for the District of Uta

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Anthony D. Kolton and S. David Goldberg v. Michael W. Frerichs, Treasurer of Illinois

Anthony Kolton deposited
money into an interest-bearing bank account in Illinois.
Years passed without activity in the account, so the bank
transferred Kolton’s money to the State of Illinois as the Disposition
of Unclaimed Property Act requires. 765 ILCS
1025/13. The Act is not an escheat statute—it gives Illinois
custody, not ownership, of “presumed abandoned” property.

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David Green v. Jonathan Newport

On November 26, 2014, around
8:30 p.m., Officer Jonathon Newport of the Milwaukee Police
* Of the United States District Court for the Northern District of Illinois,
sitting by designation.
2 No. 16-1536
Department and his partner, Officer Busshardt, responded to
a suspicious person complaint made by an employee of the
O’Reilly Auto Parts store in Milwaukee, Wisconsin.1

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City of Houston v. Frank Nicolai and Debora Nicolai as Parents of Caroline Nicolai, Deceased Harris County Courthouse - Houston, Texas

In this interlocutory appeal,1 appellant, the City of Houston (the “City”), challenges the trial court’s order denying its plea to the jurisdiction in the suit by appellees, Frank Nicolai and Debora Nicolai, as parents of Caroline Nicolai, deceased (the “Nicolais”), against the City for negligence and wrongful death.2 In its sole issue,3 the City contends that the trial court lacks subject-matter

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Jodie Kelly v. Seth A. Nichamoff Fifth Circuit Court of Appeals - New Orleans, Louisiana

This interlocutory appeal arises out of the district court’s denial of Defendant-Appellant Seth Nichamoff’s motion to dismiss based on his assertion of Texas’s attorney immunity. Plaintiff-Appellee Jodie Kelly’s complaint alleges that Nichamoff conspired with two other Defendants to defraud her into purchasing undervalued shares of Legacy Automation, Power & Design, Inc., a Texas company owned by

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Carole Marziale and James Marziale v. Spanish Fork City

¶ 1 This appeal requires us to decide whether a credit card
error that caused Carole and James Marziale’s complaint against
Spanish Fork City (the City) to be rejected means that their
complaint and the attached undertaking were not timely filed. We
affirm the court of appeals and hold that the payment error did
not affect the timeliness of the Marziales’ filing.
MARZIALE

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United States of America v. Hemza Menade Lefsih

A jury convicted Hemza Menade Lefsih, an Algerian native who entered the United States through the Diversity Immigrant Visa Program, of immigration fraud. During Lefsih’s trial, the district court interjected numerous times, expressing skepticism of the Diversity Immigrant Visa Program and a negative impression of individuals who participate in the program. We find that this judicial intervention

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Marlow Humbert v. Mayor and City Council of Baltimore City, et al.

For over a year, Appellant Marlow Humbert languished in pretrial solitary confinement, charged with committing a heinous act of sexual assault. The questionable investigatory strategies of Baltimore City Police Department (“BPD”) officers led to Humbert’s unlawful arrest. Afterwards, the officers failed to inform the State’s Attorney that the victim could not positively identify Humbert and that D

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Ronald Kelly v. Maxium Speciality Insurance Group

This case presents a situation familiar to our district courts. Two related lawsuits are pending — one each in state and federal court. The state action seeks to determine a defendant’s liability for an alleged harm, and the federal action seeks only a declaratory judgment on an insurer’s obligation to defend and indemnify the defendant. The District Court here exercised its discretion to abstain

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Roger Vanderklok v. United States of America

Roger Vanderklok wanted to fly from Philadelphia to
Miami, where he intended to run a half-marathon. In his
carry-on luggage, he had a heart monitor and watch stored
inside a piece of PVC pipe that was capped on both ends.
During screening at the airport security checkpoint, the pipe
and electronics prompted secondary screening, supervised by
Transportation Security Adminis

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Kathleen Hagan v. Patrick J. Quinn

Plaintiffs are former arbitrators
for the Illinois Workers’ Compensation Commission. In 2011,
plaintiffs and another arbitrator brought a due process action
challenging the implementation of House Bill 1698, a workers’
compensation reform statute that had terminated their sixyear
appointments under prior law. The district court granted
summary judgment for defendants, and w

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City of Abilene v. Chad Carter

n this interlocutory appeal, the City of Abilene appeals the trial court’s denial
of its plea to the jurisdiction to Chad Carter’s suit against the City. Carter brought
suit under the Texas Whistleblower Act. In its first issue, the City asserts that the
trial court erred by denying its plea to the jurisdiction. The City contends in its
second issue that the trial court

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Michael "Miguel" Gutierez v. Lt. Sam Rodriguez, et al.

Plaintiff Michael “Miguel” Gutierrez brought seven claims under federal and
state law against various individuals and entities in connection with his brother’s
death, which officials deemed a suicide. The district court dismissed the claims in a
series of orders and ultimately entered judgment in favor of defendants. We exercise
jurisdiction under 28 U.S.C. § 1291 and affirm.
I

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City of Bedford, Texas v. Apartment Association of Tarrant County, Inc.

The Apartment Association of Tarrant County, Inc. is a trade association
whose members include multifamily-property owners in Bedford, Texas. In this
suit, the Association is representing and advocating for its members’ interests by
seeking to protect them from what it alleges are excessive fees, too-frequent
1See Tex. R. App. P. 47.4.
2
inspections, and unlawful taxes impo

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Memorial Hermann Health System v. Samia Khalil, M.D.

After 40 years of employment at Memorial Hermann hospital, Dr. Samia Khalil sued Memorial Hermann Health System for defamation, tortious interference with an existing contract, conspiracy, and intentional infliction of emotional distress. Khalil, age 77, also sued for age discrimination. Memorial Hermann sought to dismiss several of her claims under summary dismissal procedures found in the Texas

More...   $0 (08-08-2017 - TX)

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