Immunity Law
 
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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Russell City Energy Company, LLC v. City of Hayward

The “Payments Clause” of an agreement between Russell City Energy Company,
LLC (Russell) and the City of Hayward (City) prohibited the City from imposing any
taxes on the “development, construction, ownership and operation” of Russell‟s power
plant except taxes tethered to ownership of real property. The question in this case is
whether Russell‟s interpretation of the P

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Tom Retzlaff v. Philip R. Klein, Klein Investigations & Consulting, and James W. Landess

This appeal is brought under section 51.014(a)(12) of the Texas Civil Practice and
Remedies Code, which allows an appeal from an interlocutory order denying a motion to dismiss
under the Texas Citizens Participation Act (TCPA). See TEX. CIV. PRAC. & REM. CODE ANN.
§ 51.014(a)(12) (West Supp. 2016). The appellant, Tom Retzlaff, argues the trial court erred in
denying his mo

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University of North Texas Health Science Center v. Jessica Jimenez, Jennifer Galo, Catherine Frank, in Their Individual Capacities, and William Tyler II, as Independent Administrator of the Estate of Pamela J. Knight, Deceased

We are asked to decide, under section 101.101(c) of the civil practice and
remedies code, whether certain entries in medical records equate to actual notice
to Appellant University of North Texas Health Science Center, a governmental
unit, of an injury to its patient Pamela Knight—an injury that is alleged to have
triggered a cascade of problems leading to her death. If the

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Mountain Air Enterprises, LLC v. Sundowner Towers, LLC

In this complex real estate purchase transaction, the seller brought a breach
of contract action against the buyers for failing to purchase the subject property.
The defendant buyers asserted an affirmative defense of novation, arguing that
they were not liable under the purchase agreement because it had been superseded
by the parties‟ option agreement; that option agreement

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United States of America v. Nicholas Abram Slatten

Nicholas Slatten, Paul Slough, Evan Liberty
and Dustin Heard (“defendants”) were contractors with
Blackwater Worldwide Security (ABlackwater@), which in 2007
was providing security services to the United States State
Department in Iraq. As a result of Baghdad shootings that
injured or killed at least 31 Iraqi civilians, Slough, Liberty and
Heard were convicted by a jury of

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San Diego County Water Authority v. Metropolitan Water District of Southern California

Metropolitan Water District of Southern California (Metropolitan) appeals a
judgment holding that the rate it charges for transporting water, or “wheeling,” violates
numerous provisions of law and awarding the San Diego County Water Authority (Water
Authority) substantial damages for having charged that rate in breach of a water
exchange agreement between the two agencies. The Wate

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Juan Mora v. The State of Texas Mora sentenced to life in prison after aggravated assault conviction

Appellant was indicted for intentionally, knowingly, or recklessly causing bodily
injury to Elizabeth Garcia by stabbing her or striking her with a deadly weapon, a knife
sharpener.2
In April 2014, Garcia was found on the bloody kitchen floor of her small Lubbock
apartment with multiple stab wounds to her body and the eight-inch shaft of a knife
sharpening steel embedded

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Ronald Joseph Mitchell v. Justin Schlabach

Defendant-Appellee Justin Schlabach, an officer of the
Munising Police Department, shot and killed Timothy Mitchell (“Mitchell”) following a lengthy
and dangerous car chase. The crucial facts at the scene of the shooting were recorded on the
officer’s dashboard camera, and our decision in this case turns in large measure on this evidence.
Plaintiff-Appellant Ronald Mitchell filed t

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Michael Segaline v. State of Washington

The doctrine of qualified immunity shields a government official
from civil liability and money damages unless the plaintiff shows violation of a
constitutional right that is clearly established at the time of the challenged conduct. The
Washington State Department of Labor and Industries and Regional Safety and Health
Coordinator William Alan Croft appeal the jury verdict in favor

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Berkel & Company Contractors, Inc. v. Tyler Lee and Leigh Ann Lee, Individually and as Next Friend of Sydney Rose Lee, Minor

This is an appeal from a final judgment rendered after a trial by jury in a personal-injury lawsuit. The injury occurred on a commercial construction site, following the collapse of a crane. The claimant was the general contractor’s superintendent, and he sued a subcontractor on claims of negligence, gross negligence, and intentional injury. The jury made findings in favor of the claimant, and the

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City of Willis, Leonard Reed, in His Official Capacity as the (Mayor)of the City of Willis, James Nowak , in His Official Capacity as Chief of Police of the City of Willis, Hector Forestier, in His Official Capacity as City Manager of the City of Willis v. Luis Garcia, et al

This is an accelerated appeal of an interlocutory order denying a plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (West Supp. 2016); Tex. R. App. P. 28.1(a). Appellants, the City of Willis (the City), Leonard Reed in his official capacity as Mayor of the City, James Nowak in his official
2
capacity as Chief of Police of the City, and Hector Forestier in his of

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STATE OF KANSAS v. STEPHEN ALAN MACOMBER

In June 2010, Risa Lofton and Ryan Lofton were married but not living together. While she was at Ryan's house, the two began to argue because she told Ryan that she was going to leave with Macomber. Ryan did not want her to go. Risa sent Macomber a text message asking him to come pick her up.

Macomber arrived and parked in the driveway behind another car. He stayed inside his car. Wh

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Donald W. Read v. Timothy W. Verboski Tarrant County Courthouse - Fort Worth, Texas

Appellant Donald W. Read appeals from the trial court’s dismissal of his
suit brought against Appellee Timothy W. Verboski,1 a witness in the criminal trial
that resulted in Read’s conviction for driving while intoxicated. Upon Verboski’s
motion, the trial court dismissed Read’s suit under chapter fourteen of the civil
1In Read’s original petition, he incorrectly spelled Verboski’s

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Vladlena Funk v. Belneftekhim, a/k/a Concern Belneftekhim, Belneftekhim, U.S.C., Inc.

In this action, originally filed in New York State court, plaintiffs Emanuel
Zeltser and Vladlena Funk sue defendants Concern Belneftekhim (“BNTK”) and
Belneftekhim USA, Inc. (“BUSA”) for their alleged roles in plaintiffs’ 2008
abduction from London and their prolonged detention in Belarus by authorities
3
of that country. After defendants removed the case to the United States

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Joseph E. De Ritts v. Thomas J. McGarrigle, et al.

To explain a perceived demotion to judges, other attorneys, and county officials, Appellee, an Assistant Public Defender, circulated a rumor he had heard and alleged he was being punished for taking too many cases to trial. After the Public Defender fired Appellee for those statements, Appellee filed suit, claiming a violation of his First Amendment rights, and the District Court denied the Public

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Brenda Brinsdon v. McAllen Independent School District

No judge in active service on this court requested that the court be polled
in response to the petition for rehearing en banc. The petition is denied. The
panel’s prior opinion is withdrawn, and this opinion is substituted.
When Brenda Brinsdon was a sophomore at a high school in McAllen,
Texas, she was required to participate in what defendants claim was a mock
2
performan

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James O. Jones v. State of Indiana Indiana Court of Appeals

In July 2015, Jones shared a home with his then-fiancée, Bridgett Painter
(“Painter”), in Frankfort. Jones and Painter lived in the home with several of
Painter’s children from prior relationships, and a child Jones and Painter shared
together. Among the children was K.B., who was born to Painter before her
relationship with Jones. Jones and Painter’s relationship began shor

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Allison Jacobs v. The Regents of the University of California

The question presented is whether disabled members under
the University of California Retirement Plan (UCRP) who receive
“Duty Disability Income” (DDI) are considered retired for
purposes of entitlement to a retired identification card and
concealed weapons endorsement pursuant to the Penal Code. We
conclude the answer is no. We therefore affirm the trial court’s
denial of

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STATE OF MISSOURI v. DAVID E. CERNA,

In the summer of 2014, Defendant—a police officer for Chesterfield—came under
investigation for posting pornographic videos on his websites "veryhot***.com" and "Restroom
***" (which hosted a large number of hidden-camera videos recorded in men's restrooms). The
investigating officers executed a search warrant on Defendant's home and discovered hundreds
of illicit videos produ

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Marie A. Hicks-Fields v. Harris County

While being temporarily segregated in an attorney visitation booth, Norman F. Hicks, Sr., punched Harris County Detention Officer Christopher Pool in the face, prompting a responsive punch from Pool. As Hicks fell down, he struck his head on a concrete ledge in the booth. There were two other officers on the scene, one of whom looked through a window in the door and saw Hicks starting to lift hims

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United States of America v. Jason Michael Hayden Federal Courthouse - Gulfport, Mississippi

Gulfport, MS - Felon Pleads Guilty to Possession of Firearm

Jason Michael Hayden, 37, of Picayune, entered a guilty plea before U.S. District Judge Sul Ozerden on June 8, 2017, to possession of a firearm by a convicted felon, announced Acting U. S. Attorney Harold Brittain.

Hayden faces a maximum penalty of 10 years in prison and a $250,000 fine.

The case was investigate

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Joseph Bailey v. City of Ann Arbor, et al.

In this qualified immunity case, Ann Arbor police officers
relied on a security camera’s footage of a robbery, allegedly without accounting for inconsistent
eyewitness testimony, in drafting a search warrant for Joseph Bailey’s residence. Yet the
warrant did not say whether the description of Bailey came from the robbery victim or just the
video and indeed mentioned both sources of

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Natalie Plummer v. University of Houston

The University of Houston found two former students, Ryan McConnell and Natalie Plummer, to have violated the University’s sexual misconduct policy. After two unsuccessful administrative appeals, McConnell and Plummer were ultimately expelled. McConnell and Plummer then sued the University and two University officials, alleging that they were denied constitutional due process and were discriminate

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Benjamin J. Ashmore, Sr. v. CGI Group, Inc.

Benjamin Ashmore appeals from the order of the district court (Analisa
Torres, J.) dismissing him as the plaintiff in this Sarbanes-Oxley whistleblower
action and allowing Barbara A. Edwards, the Trustee of his bankruptcy estate
(“Trustee”), to be substituted as the plaintiff. Ashmore argues that he has
standing to prosecute the whistleblower action because, contrary to the distric

More...   $0 (06-21-2017 - )

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