Immunity Law
 
ELBA SALDIVAR v. DANIEL RACINE; THE CITY OF FALL RIVER

The allegations set forth in Saldivar's complaint1 are
very disturbing. As we are reviewing a dismissal for failure to
state a claim, we accept the complaint's factual allegations as
true and draw all reasonable inferences from those facts in favor
of Saldivar. In early June 2011, Elba Saldivar, a resident of Fall
River, contacted the Fall River Police Department and rep

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Wells Fargo Bank, NA v. Apache Tribe of Oklahoma

This is the second appeal in this matter (Oklahoma County District Court case no. CJ-2011-3545) from orders confirming arbitration awards. In June 2008, the Apache Tribe of Oklahoma (Tribe) and Wells Fargo National Association (Bank) entered into a loan agreement (agreement) wherein Bank loaned Tribe $4,365,000.00. The agreement contains a waiver of sovereign immunity and provides for arbitration

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CHAUNCEY GARDNER v. STATE OF FLORIDA

Tivasha Logan gave birth to Mr. Gardner's child on May 11, 2009. This was their fourth child together. The infant, a girl, was born ten weeks premature. Although the infant initially had some trouble with bottle feeding, she thrived in the hospital neonatal unit and was discharged to the care of her mother at the end of July 2009. Three months later, the infant died of malnutrition. There is

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Jason Lee Bolstad vs. State of Minnesota

In 2003, a Kanabec County jury found appellant Jason Bolstad guilty of two
counts of first-degree murder and two counts of second-degree murder in connection with
the killing of Bolstad’s father, Gary Bolstad. Following the jury’s verdict, the district
court sentenced Bolstad to life imprisonment without the possibility of release on the
charge of first-degree premeditated mur

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IRICK v. BOARD OF COUNTY COMMISSIONERS

Plaintiff's lawsuit claimed injury in an automobile accident at night on December 27, 2010. T.L.I. was a passenger in an automobile driven by another teenager. He and the other passengers and driver were traveling from the Prague, Oklahoma, area to Shawnee, Oklahoma.

¶3 After an apparently mistaken turn, the group ended up on a county road named Crosslin Road. The road is a dead end road

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Woody v. Pembina County Annual Fair and Exhibition Association

Woody attended a fireworks display at the Pembina County Fair in Hamilton, N.D. The Fair is a non-profit and tax-exempt corporation under the laws of North Dakota and the federal Internal Revenue Code. The Fair offered a fireworks display to the public free of charge. Woody did not pay a fee for entry onto the fairgrounds or for any activity she engaged in at the fairgrounds. While looking for a s

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State of Oklahoma v. James Stanford Poore a/k/a J.P.

Tulsa, OK - Defendant Convicted of Execution Style Killing of Four

The State of Oklahoma charged with James Stanford Poore a/k/a J.P.:

Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 01/07/2013
Party Name Disposition Information
POORE, JAMES STANFORD
Count # 2. Count as Filed: HM11, MURDER - FIRST DEGRE

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State of Minnesota vs. Byron David Smith

Byron David Smith was convicted of two counts of first-degree premeditated
murder related to the shooting deaths of two people. On direct appeal, Smith argues that
the district court committed four types of error. The State, in turn, argues that the district
court committed error in determining the appropriate restitution for the victims’ families.
We affirm the convictions

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State of Tennessee v. Timothy Damon Carter

This case arises from the theft of a comic book collection from a residence in La Vergne, Tennessee in April 2010. The Defendant was identified as a suspect in the theft when he sold or attempted to sell some of the comic books at area stores. During the investigation, law enforcement officers went to the Defendant‟s apartment and, upon seeing the stolen comic books in the backseat of a ve

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State of Tennessee v. Anthony Blake Wisdom

This case arises from the robbery of an Iraqi immigrant who came to the United States in 2012, following three years of working with the United States Army in Iraq. The victim testified that he shared an apartment in Nashville with four roommates. He stated that on May 16, 2012, he met Sarah Syres at the apartment complex laundromat. He said she asked to use his cell phone, he borrowed his room

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UNITED STATES v. JAMES J. BULGER, a/k/a Jimmy, a/k/a Whitey, a/k/a Jim

The factual underpinning of this case is considerable. The
events span decades and the cast of characters is large but this
appeal is circumscribed in scope making only certain details
pertinent. We chart the relevant origin and travel of the case,
saving the facts related to the maintained errors for later.1
A. The Indictment
In 2001, Bulger, who was on the run

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John Williams v. DART Transit

John Williams sued Dallas Area Rapid Transit (DART), seeking to recover for personal injuries he suffered from being struck by a bicyclist at a DART rail station. The trial court granted DART’s plea to the jurisdiction and dismissed the case. Williams appeals the trial court’s order, arguing he sufficiently pleaded a waiver of governmental immunity because DART was engaged in a proprietary funct

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Justin R. Rogers v. Blount Memorial Hospital, Inc. et al.

The plaintiff, Justin R. Rogers, filed the instant health care liability action on December 13, 2013, against BMHI and Dr. Mohammed Bhatti. In his complaint, Mr. Rogers alleged that he presented to the BMHI emergency room on September 8, 2012, with fever and progressive numbness that began in his extremities and spread throughout his body. Mr. Rogers further stated that Dr. Bhatti diagnosed him

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Erick Lopez v. Adam Huron D/B/A Adam's Mexican Food Products

Erick Lopez appeals a judgment entered against him based on a jury’s findings that he breached implied warranties relating to plastic bags he sold to Adam Huron d/b/a Adam’s Mexican Food Products.1 Lopez presents three issues on appeal asserting the trial court erred by: (1) entering judgment against him because no jury finding was requested or made regarding any statutory exception a claimant is

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Fabian Sebastian, v. Douglas County, Colorado; Douglas County Sheriff’s Office; David A. Weaver, Douglas County Sheriff; and Greg A. Black, Douglas County Sheriff’s Deputy.

Petitioner Fabian Sebastian filed an action under 42 U.S.C. § 1983 (2014) against
respondents Douglas County, Colorado, the Douglas County Sheriff’s Office, Douglas
County Sheriff David A. Weaver, and Sheriff’s Deputy Greg A. Black (“the County”),
alleging that his Fourth Amendment right to be free from unreasonable seizures was
violated when he was attacked by a K–9 police dog

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Terry Chauncy and Jennifer Chauncy VS Patrick Allen, Jr. Louisiana National Guard, State Military Affairs-Armories and the State of Louisiana, Progressive Insurance

On September 2, 2012, Terry Chauncy was involved in a collision in
Washington Parish, at the intersection ofLa. Hwy. 10 and La. Hwy. 450. The other
vehicle involved in the accident was owned by the Military Department ofthe State
of Louisiana (the State), and operated by Private Patrick Allen, Jr., who was on a
state mission at the time. Chauncy and his wife's vehicle liability cov

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Waldron v. Roark

The parties’ characterizations of the facts of this case differ substantially, but in reviewing orders granting summary judgment, we consider the facts in the light most favorable to the nonmoving party.1 Consequently, the following facts are set forth in a light most favorable to Waldron: On the evening of February 22, 2012, Roark and May went to Waldron’s home to serve an arrest warrant on Coppl

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R.J. Reynolds Tobacco Company v. Phil J. Marotta

In this Engle progeny case,1 R.J. Reynolds Tobacco Company (“the defendant”) appeals a final judgment entered in favor of Phil J. Marotta, as Personal Representative of the Estate of Phil Felice Marotta (“the plaintiff”), arguing that federal law implicitly preempts state law tort claims of strict liability and negligence based on the sale of cigarettes and that the use of the Engle defect finding

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Felisha Robinson v. University of Tennessee Health Science Center

It is undisputed that Appellant The University of Tennessee (“UT”) is a public institution of higher learning created by the Tennessee General Assembly. Tenn. Code Ann. § 49-9-101, et seq. UT has a College of Nursing at its Health Science Center in Memphis (“UTHSC”). Through its College of Nursing, UT grants a Doctor of Nursing Practice degree (“DNP”) with an option for nurse anesthetist concen

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STATE OF KANSAS v. MICAL BARLOW,

Liberal police officers, responding to a disturbance call originating from an apartment complex, found Barlow waving a gun outside the apartment of M.S., the mother of J.M.-M. Both J.M.-M. and his mother were inside. Officers ordered Barlow to drop the weapon and lie on the ground. Barlow complied, and officers handcuffed him.
The State charged Barlow with attempted second-degree murder of

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STATE OF CONNECTICUT v. ALAIN LECONTE

The defendant, Alain Leconte, appeals from the judgments of the trial court convicting him of crimes committed during a string of armed robberies in the cities of Stamford and Norwalk, and the town of Greenwich,betweenOctoberandDecember,2009.1 The defendant claims that his convictions resulting from theStamfordrobberyshouldbereversedontheground that his constitutional right to counsel was violate

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DANIELS v. STATE OF OKLAHOMA

Edwin Jermaine Daniels, Appellant, was convicted of, count one, first degree malice murder in violation of 21 O.S.Supp.2012, § 701.7, count two, shooting with intent to kill in violation of 21 O.S.2011, § 652(A), in Tulsa County district court case number CF-2012-3490, before the Honorable James M. Caputo, District Judge. The jury set punishment at life imprisonment on counts one and two, with a $

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State of Rhode Island v. Andrew N. Falandes

On April 18, 2015, Defendant was arrested by officers of the East Greenwich Police (the
Police) on suspicion of driving under the influence. He was taken into custody and transported
to the Department, where he was read a Rights Form. Defendant consented to a breath test,
which revealed his blood alcohol content (BAC) to be .15 percent, almost twice the legal limit of
.08 per

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Miranda-Rivera v. Toledo-Davila

At around 8:20 p.m. on April 10, 2007, PRPD officers William Pérez Ortiz ("Pérez") and Orlando Rivera Lugardo
("Rivera") observed Rojas driving at a high speed, running stoplights, and swerving. They chased him in their patrol car until he stopped at the side of the road. At their direction, Rojas exited his car and put his hands on the trunk of the car. Pérez asked Rojas if he was all rig

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Charley Collins v. COP Wyoming, LLC

Charley and his son, Brett, were both employed by Appellee COP Wyoming, LLC. Appellee Roger Ross was also employed by COP Wyoming, as the job superintendent and supervisor in charge of safety at the same job site. On August 20, 2012, Mr. Ross was operating a large track hoe excavator to excavate insidea trench box at the job site. Mr. Ross instructed Brett to enter the trench box and work there w

More...   $0 (02-13-2016 - WY)

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