Immunity Law
 
Jefferson County, Texas v. Victor Stines Jefferson County Courthouse - Beaumont, Texas

Appellant Jefferson County, Texas appeals from two orders of the trial court
denying its plea to the jurisdiction and granting appellee Victor Stines’s request for
a declaratory judgment and writ of mandamus to compel the County to submit to
arbitration. In five issues, the County argues that: (1) Stines failed to plead and prove
a valid waiver of the County’s immunity from suit; (

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Sandra E. Parker v. Robert J. Glasgow, Jr.; and Glasgow, Taylor, Isham & Glasgow, P.C.

Is a former client barred as a matter of law from bringing a legal
malpractice claim against the attorney and law firm who assisted her in obtaining
a mediated property settlement and agreed judgment in a divorce based on the
attorney’s allegedly negligent pre-settlement advice? We hold that the answer is
1See Tex. R. App. P. 47.4.
2
no in this appeal from a take-nothing su

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Mary Anne Sause v. Timothy J. Bauer United States Court of Appeals for the Tenth Circuit Denver, Colorado

Mary Anne Sause brought this action under 42 U.S.C. § 1983, alleging that
Officers Lee Stevens and Jason Lindsey (the defendants) violated her rights under the
First Amendment. The district court dismissed Sause’s complaint with prejudice for
failure to state a claim, see Fed. R. Civ. P. 12(b)(6), and Sause appeals.
Because Sause fails to demonstrate that the contours of the right

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Vladek Filler v. Mary Kellett, et al. United States Court of Appeals for the First Circuit Boston, Massachusetts

This appeal arises out of the
state prosecution of Vladek Filler in 2009. He was initially
indicted on five counts of gross sexual assault and two counts of
assault of his then-wife Ligia Arguetta Filler. After two trials
-- and two appeals to the Maine Law Court -- he was convicted only
of one misdemeanor assault count, which he is still challenging.
In the wake of these e

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Paul Gerlich; Erin Furleigh v. Steven Leath; Warren Madden; Thomas Hill; Leesha Zimmerman

Iowa State University (ISU) grants student organizations permission to use its
trademarks if certain conditions are met. The ISU student chapter of the National
Organization for the Reform of Marijuana Laws (NORML ISU) had several of its
trademark licensing requests denied because its designs included a cannabis leaf. Two
members of the student group subsequently filed this 42 U.S.

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Rodney Brossart, et al. v. Kelly Janke, et al.

During confrontations that extended over two days at the Brossart family
farmstead in Nelson County, North Dakota, Deputy Sheriff Eric Braathen tased both
Rodney Brossart and his son, Thomas Brossart. The Brossarts, including Rodney’s
wife, Susan, brought this action against Braathen, his supervisor, Sheriff Kelly Janke,
and Nelson County, asserting federal claims under 42 U.S.C. §

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Snyder & Associates Aquisitions, LLC v. United States of America

In 2010, the Internal Revenue Service set a trap to catch
people filing for fraudulent tax refunds. The IRS enlisted the
assistance of plaintiffs’ tax preparation and refund-advance
businesses. It warned that refusal to cooperate would
interfere with a federal criminal investigation, it used millions
of plaintiffs’ dollars as bait, and it promised to reimburse
them for any

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S. O. v. University of Texas at Austin President Gregory L. Fenves, et al.

S.O. challenges the trial court’s order granting the plea to the jurisdiction filed by
appellees University of Texas at Austin President Gregory L. Fenves; University of Texas at Austin
Registrar Vincent Shelby Stanfield; University of Texas Dean of Students Soncia Reagins-Lilly;
University of Texas at Austin Professor Jeana Lungwitz; and University of Texas Regents Paul L.
Foster,

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Isaac Luna Ashton v. State of Oklahoma

¶1 Appellant, Isaac Luna Ashton, was tried by jury and convicted of First Degree Murder (Counts 1 & 2) (21 O.S.Supp.2012, § 701.7(A)) and Carrying a Weapon Unlawfully (Count 4) (21 O.S.Supp.2013, § 1272) in District Court of Tulsa County Case Number CF-2014-4108.1 The jury recommended as punishment imprisonment for life without the possibility of parole in both Count 1 and Count 2. The jury furthe

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Roel David Gonzalez v. The State of Texas "

Mother testified that she met Appellant through work, began dating him, and
eventually they moved into a house along with Mother’s three daughters in 2008.
At the time, Alice was almost twelve, Belle was ten, and Cici, the complainant,
1 See TEX. PENAL CODE ANN. §§ 21.11 (Vernon 2011) & 22.021 (Vernon 2016).


3

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Eric D. Hillman v. Nueces County, Texas; Mark Skurka; and Nueces County District Attorney's Office

Appellant Eric D. Hillman appeals from the trial court’s grant of a plea to the
jurisdiction filed by appellees Nueces County, Mark Skurka, and Nueces County District
Attorney’s Office (collectively the County). By one issue, Hillman contends that immunity
from his suit for wrongful termination has been waived by the County. We affirm.
2
I. STANDARD OF REVIEW AND APPLICABLE LAW

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Safe Streets Alliance v. John W. Hickenlooper Tenth Circuit Court of Appeals - Denver, Colorado

These three appeals arise from two cases that concern the passage,
implementation, and alleged effects of Amendment 64 to the Colorado Constitution,
Colo. Const. art. XVIII, § 16. Amendment 64 repealed many of the State’s criminal and
civil proscriptions on “recreational marijuana,”1 and created a regulatory regime designed
to ensure that marijuana is unadulterated and taxed, and t

More...   $0 (06-07-2017 - CO)

D.L. v. Margaret Vassilev, M.D., et al. Ninth Circuit Court of Appeals - San Francisco, California

This case presents the question whether, under the Federal
Tort Claims Act (FTCA), a plaintiff’s initial failure to
exhaust his administrative remedies as to a defendant whom
the plaintiff reasonably did not know was covered by the
FTCA deprives the federal courts of subject-matter
jurisdiction over that plaintiff’s FTCA claim even after the
plaintiff dismisses his initial

More...   $0 (06-07-2017 - CA)

Sara Lowry v. City of San Diego Ninth Circuit Court of Appeals - San Francisco, California

When a burglar alarm in a commercial building was
triggered shortly before 11:00 p.m. on a Thursday night, San
Diego Police Department officers responded. Accompanied
by a police service dog, Bak, the officers inspected the
building and found a door to a darkened office suite propped
open. Unable to see inside the suite, one of the police officers
warned: “This is the San D

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UNITED STATES OF AMERICA — v. — ROSS WILLIAM ULBRICHT, a/k/a DREAD PIRATE ROBERTS, a/k/a SILK ROAD, a/k/a SEALED DEFENDANT 1, a/k/a DPR Judges Question Ross Ulbricht’s Life Sentence in Silk Road Appeal

In February 2015, a jury convicted Ross William Ulbricht on seven counts
arising from his creation and operation of Silk Road under the username Dread
Pirate Roberts (“DPR”).1 Silk Road was a massive, anonymous criminal marketplace that operated using the Tor Network, which renders Internet traffic
through the Tor browser extremely difficult to trace.2 Silk Road users principally
b

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STATE OF NEW JERSEY v. DASEAN HARPER

We draw the following facts from the trial record. On
November 29, 2013, a police officer on patrol in Pennsville saw
a box truck parked in the wrong direction on a street. He also
observed that its tires were over the fog line, partially in the
roadway. The officer approached the driver and passenger, who
explained that they were looking for the right address to make a

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Ashton Whitaker v. Kenosha Unified School District No. 1 Board of Education

Ashton (“Ash”) Whitaker is a 17
year‐old high school senior who has what would seem like a
simple request: to use the boys’ restroom while at school.
2 No. 16‐3522
However, the Defendants, the Kenosha Unified School District
and its superintendent, Sue Savaglio, (the “School District”)
believe that the request is not so simple because Ash1 is
a transgender b

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Stephen Thene Sparks v. Tejinder Singh; Ted Laurnce

Stephen Thene Sparks, a Colorado inmate, appeals the district court’s grant of
summary judgment to physician assistants Tejinder Singh and Ted Laurence on his
claim that they violated his Eighth Amendment rights by failing to diagnose and treat
his diabetes. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm the district
court’s judgment.
- 2 -
I. BACKGROUND
A. D

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Berenice C. Diaz, individually and as next friend of J.P.L. v. James E. Monnig

Appellant Berenice Diaz, individually and as next friend of her minor child, J.P.L., sued James Monnig and John Mead asserting a variety of claims she alleged arose during Monnig’s and Mead’s representation of her former husband during a custody suit. Diaz appeals from the trial court’s summary judgments in favor of Monnig and Mead, as well as the trial court’s exclusion of summary judgment eviden

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Texas Health and Human Services Commission v. Albert Olguin

The Texas Health and Human Services Commission (HHSC) appeals from the trial
court’s denial of its plea to the jurisdiction. Albert Olguin brought suit against HHSC pursuant to
the Texas Commission on Human Rights Act (TCHRA), alleging discrimination, retaliation, and
aiding and abetting discriminatory behavior. See Tex. Lab. Code §§ 21.051, .055, .056. HHSC filed
a plea to the jur

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City of Rollingwood, Texas v. Owen Brainard and Sally Brainard

This case arises from flooding on property belonging to Owen and Sally Brainard
that the City of Rollingwood allegedly caused. The Brainards sued the City for an intentional
constitutional taking. The City filed a plea to the jurisdiction, and the trial court denied the plea.
In its sole appellate issue, the City contends that the trial court erred in denying its plea to the
jurisd

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James W. Paulsen v. Ellen A. Yarrell

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. &
2
REM. CODE §§ 27.001–.011. Paulsen also argues that summary judgment was impro

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Donald Mikko v. The City of Atlanta, Georgia, et al.

When Donald Mikko was hired by the Atlanta Police Department as the
director of its crime lab, he negotiated a contract that allowed him to perform
forensics consulting work for private parties in his spare time. After a Georgia
district attorney learned that Mikko had written an expert report for and planned to
testify in Florida on behalf of the defense in a criminal case, the di

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STATE OF KANSAS v. PERLA A. BANUELOS-ARAMBULA Kansas Court of Appeals

On September 26, 2013, Kansas City, Kansas, Detective Nathan Doleshal received a tip from a confidential informant (CI) that a woman known as "Perla" was potentially selling false identification documents. Based on the tip, Doleshal worked with the CI to set up a controlled purchase of documents from Perla. On September 27, 2013, the CI contacted Perla and negotiated a price of $100 for the purcha

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Arsenio Cordova v. Jill Cline, et al.

This dispute comes before the Court in relation to a malicious abuse of process
4 claim made by Taos school board member Arsenio Cordova (Cordova) against
5 eighteen members of an unincorporated citizens� association (collectively,
6 Petitioners) following their efforts to remove Cordova from office under the Local
7 School Board Member Recall Act (Recall Act), NMSA 1978, ��

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