When Omar Arrington-Bey died in a Bedford Heights jail cell,
that was not an obvious consequence of his arrest for disturbing the peace at a Lowe’s store. The
question is whether bad luck, negligence by the relevant local law enforcement officials, or
deliberate indifference by them caused his death. In suing the officers involved in his arrest and
detention and the City, Omar’s mo

The question for this Court, distilled to its essential form, is whether the
Constitution, as the Supreme Court declared in Ex parte Milligan, 71 U.S. (4 Wall.) 2,
120 (1866), remains “a law for rulers and people, equally in war and in peace.” And if
so, whether it protects Plaintiffs’ right to challenge an Executive Order that in text speaks
with vague words of national security,

When, as here, a sentencing appeal follows a guilty
plea, we obtain the facts from the change-of-plea colloquy, the
unchallenged portions of the presentence investigation report,
and the record of the disposition hearing. United States v.
Dávila-González, 595 F.3d 42, 45 (1st Cir. 2010). "We rehearse
only those facts that are needed to put the claims of error into
c

This appeal presents the questions whether due process forbids giving a
jury’s findings of negligence and strict liability in a class action against cigarette
manufacturers preclusive effect in a later individual suit by a class member and, if
not, whether federal law preempts the jury’s findings. Florida smokers and their
survivors filed a class action against several tobacco comp

In history and literature, the name “Draco” has been associated with some notorious characters. Draco of ancient Greece is perhaps best known for the harsh legal code he composed, which inspired the word “draconian.” Antonios Loizides, Draco’s Law Code, ANCIENT HISTORY ENCYCLOPEDIA http://www.ancient.eu/ Dracos_Law_Code/ (last visited May 12, 2017). Draco Lucius Malfoy, of course, is Harry Potter’

¶1 This is the latest chapter in the legal saga of a young girl who was seriously
injured on her elementary school playground in late 2008. Alexa Rae Loveland, then
nine years old, fell while using the playground’s zip line apparatus and severely
fractured her wrist and forearm. Alexa and her parents filed a tort action against the
school district, seeking damages for Alexa’s injur

After an investigation spearheaded by Detective Brian Koopman, the Loveland
Police Department (the “Department”) accused former police officer Tammy Fisher
of alerting friends to a child pornography investigation—allowing the friends to
delete files from their computer’s hard drive before the police executed a search
warrant. The Department ultimately decided not to pursue any off

Dirck Van Audenhove sued Robert Perry for malicious prosecution, alleging that
Perry contacted the police and falsely accused him of stalking, and that the police
arrested him, but the district attorney’s office ultimately declined to prosecute. The trial
2
court sustained a demurrer and dismissed the action, on the ground that the complaint
failed to allege a prosecution, as

Plaintiff Ricky Koch fell and suffered personal injuries while aboard the
S.S. Altair, a public vessel owned by the United States and operated by its
agents. Koch, a 54 year-old foreman and employee of Economy Iron Works,
was inspecting the vessel in connection with his employer’s bidding on repair
work on the vessel. Koch and his wife, Susan Koch, brought this action in
federa

In this suit under the Surface Mining and Reclamation Act of 1975 (SMARA)
(Pub. Resources Code § 2710 et. seq.),1 plaintiffs Joe and Yvette Hardesty (collectively,
Hardesty), attack findings by the State Mining and Geology Board (Board). The Board’s
disputed findings conclude there are no vested rights to surface mine at the Big Cut Mine
in El Dorado County (County, not a party her

[¶1] Appellants The Tavern, LLC and SALL, LLC sued the town of Alpine, asserting
several claims stemming from Alpine’s financing and construction of a new sewage
treatment facility. Appellants challenged the legality of the indebtedness Alpine incurred
for the project, alleging that the loans exceeded the constitutional and statutory debt
limitations imposed upon municipalities. Th

Troy L. Randolph (“Defendant”) appeals his convictions for possession with
the intent to distribute marijuana,1 possession with the intent to distribute heroin,2
possession with the intent to distribute cocaine,3 and possession of a firearm by a
convicted felon.4 Defendant also appeals his sentence for possession with the intent
to distribute heroin as indeterminate. Finding th

In this opinion, we hold that the trail immunity in
Government Code section 831.41 does not immunize a dangerous
condition of a commercially operated, revenue generating public
golf course that causes injury to pedestrians on an adjacent trail.
Consequently, we reverse the summary judgment entered in
favor of City of Pasadena (City) on the claims by Jacobo G. Garcia
(Jacobo

This action arises out of a series of events that began at a
Los Angeles middle school, where Katia Julian taught
mathematics, and ended at Mission Community Hospital, where
Julian was involuntarily detained for mental health evaluation
and treatment. After her release, Julian sued the Los Angeles
Unified School District (LAUSD), the Los Angeles Unified School
Police (LAUSP

The testimony and exhibits at trial indicate that Berry entered the
victim’s home on the night of March 13, 2015 without a key and without permission
to be in the home. (Apr. 11-14, 2016 Tr., Vol. III, at 440). He put his hand over the
victim’s mouth to stop her from screaming, pulled her off the couch, put handcuffs
on her, and pushed her upstairs. (Id. at 441-43). Once t

About dusk on September 13, 2012, KBI Special Agent Michael Lind met with a confidential informant to set up a purchase of methamphetamine from Williams. The informant arranged a meeting with Williams during a telephone call in which Williams gave the informant directions to his location. After the call, Lind drove with the informant to meet Williams.

As Lind and the informant reached

On the night of March 21, 2015, NYPD Officers Chris Aybar and Jose 9  
Espinal entered a four‐story, twelve‐unit private apartment building located at 10  
584 East 167th Street in New York Cityʹs Borough of the Bronx, to conduct a 11  
floor‐by‐floor patrol as part of the NYPDʹs ʺClean Hallsʺ program,1 pursuant to 1 2 
which officers ent

Guadalupe County appeals the trial court’s order denying the motion for summary judgment Guadalupe County filed asserting governmental immunity. Guadalupe County contends the trial court erred in denying the motion because the evidence established as a matter of law that any damage to the value of the appellees’ property was proximately caused by the Federal Emergency Management Administration’s (

Charles J. Hughes appeals from the trial court’s order granting Tom Green County’s
plea to the jurisdiction. Hughes sued the County for breach of contract and unjust enrichment based
on an agreement Hughes and the County entered into in connection with prior litigation and for
violation of the Texas Open Meetings Act. See generally Tex. Gov’t Code §§ 551.001–.146.
Asserting its gov

BY THE COURT:
On April 17, 2017, we received a letter from counsel for PG&E requesting that we
modify our opinion in this case. We treat this request as a petition for rehearing, which
we deny. However, we order that the opinion filed on April 5, 2017, be modified as
follows:
1. On pages 25 through 26: delete the last four paragraphs of Part VI in full.
They begin at page 2

BY THE COURT:
On April 17, 2017, we received a letter from counsel for PG&E requesting that we
modify our opinion in this case. We treat this request as a petition for rehearing, which
we deny. However, we order that the opinion filed on April 5, 2017, be modified as
follows:
1. On pages 25 through 26: delete the last four paragraphs of Part VI in full.
They begin at page 2

Around 4:45 a.m. on January 16, 2004, a customer discovered the lifeless body of
John Deere outside of the Pik & Pak convenience store, which Deere owned, in Brookhaven,
Mississippi. Deere was robbed at gunpoint and shot three times. Shortly after Deere’s body
was discovered, a volunteer firefighter from the Summit Fire Department responded to a
small roadside grassfire. The fir

In 2008, defendants and respondents
1 Redondo Beach
police officers Mario Fizulich, Phillip Ho, and Ellen
Tumbocon interacted with plaintiffs and appellants Phillip
Baranchik and Eric Baranchik.
2 The details of the
interaction and subsequent arrests and criminal
prosecutions are more fully described later in this opinion.
Based on the interaction, Phillip, Eric, an

This case presents the question whether a “youth offender” sentenced to a term of 15 years to life for an offense committed when he was 17 years old and found suitable for release on parole pursuant to the youth offender parole provisions of Penal Code section 3051 must, before being released, serve a consecutive sentence imposed for a crime committed in prison at age 20. We conclude that the deci

Petitioner was found guilty by a jury of two counts
of aggravated murder, one count of intentional murder,
and a number of other crimes. He sought post-conviction
relief on a variety of claims. The post-conviction court
denied relief on all of petitioner’s claims involving the guilt
phase of petitioner’s criminal trial but granted relief on
his penalty-phase claims and void