Immunity Law
 
Airsman v. State Of Arkansas

In 2013, appellant Don Airsman, Jr. was found guilty by a Hempstead County jury of
first-degree murder and was sentenced to life imprisonment. This court affirmed. Airsman v.
State, 2014 Ark. 500, 451 S.W.3d 565.
Airsman subsequently filed a verified, pro se petition for postconviction relief pursuant
to Arkansas Rule of Criminal Procedure 37.1 (2015) in the trial court. He ra

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Donald Davis v. Texas Department of Criminal Justice et al

Appellant, Donald Davis, is currently incarcerated at the French M. Robertson
Unit of the Institutional Division of the Texas Department of Criminal Justice,
located in Jones County. Appearing pro se and in forma pauperis, Appellant
challenges the trial court’s order dismissing his suit without a hearing. We affirm.
2
On August 2, 2011, Appellant filed the underlying action aga

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CARLOS CASCOS, IN HIS OFFICIAL CAPACITY AS SECRETARY OF STATE OF TEXAS v. TARRANT COUNTY DEMOCRATIC PARTY

The legal expenses at issue arise from a suit contesting Wendy Davis’s candidacy for a state
senate seat in 2008. Davis ran in the Democratic primary unopposed but faced legal challenges to
her candidacy before and after the primary. Before the primary, both this Court and the court of
appeals denied original mandamus proceedings by three citizens to remove Davis’s name from the

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Ark. Highway & Transp. Dep't v. O.J.'

January 2014, the Highway department issued a bid invitation for a janitorial and cleaning-services contract for February 19,2074, through February 18,201,5. Appellee, OJ." Serv ice Two, Inc. ("OJ.'s"), submitted a bid for the contract, but the Highway Department ultimately awarded the contract to another bidder, RazorClean, on
February 1.0,2074. OJ.'r filed a formal protest ofthe contract awa

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City of Shavano Park v. Ard Mor, Inc., Texas Ardmor Properties, L.P., and Texas Ardmor Management, LLC

This is an appeal from the trial court’s denial of appellant’s plea to the jurisdiction. In an opinion and judgment dated July 29, 2015, we affirmed in part, reversed and rendered a dismissal in favor of appellant in part, and remanded for further proceedings. On August 13, 2015, appellant filed a motion for rehearing. Although we deny the motion for rehearing, we withdraw our opinion and judgment

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Alamo Heights ISD v. Catherine Clark

Alamo Heights Independent School District (AHISD) appeals the denial of the plea to the jurisdiction it filed in response to the discrimination and retaliation lawsuit filed by former employee Catherine Clark. We affirm the trial court’s order.
BACKGROUND
Clark was hired by AHISD as a physical education teacher and coach for female students at Alamo Heights Junior School in 2007. Her direc

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Aranosian Oil Co., Inc. & a. v. State of New Hampshire

The Environmental Protection Agency (EPA) requires that owners of underground storage tanks demonstrate their ability to pay cleanup costs and compensate third parties for bodily injury and property damage arising out of releases of petroleum products from their tanks. See 40 C.F.R. § 280.93 (2014). New Hampshire’s Oil Discharge and Disposal Cleanup Fund (ODD Fund), established in 1988, is an EP

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Sandhill Amusements, Inc. v Sheriff of Onslow County

Onslow County Sheriff Ed Brown ("Sheriff Brown") appeals from orders entered on 4 November 2013 denying his motions to dismiss under Rule 12 as well as granting a preliminary injunction in favor of plaintiffs Sandhill Amusements, LLC n 2 July 2013, Alcohol Law Enforcement ("ALE") Special Agent Kenny Simma ("Agent Simma"), Assistant Supervisor Keith Quick ("Agent Quick"), and Onslow County Sheriff'

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Maryland Board of Physicians v. Mark Geier, M.D.

During a disciplinary proceeding against appellee Mark Geier, M.D., the Maryland
Board of Physicians publicly disclosed confidential medical information concerning Dr.
Geier, his wife Anne, and their son David. David Geier was the subject of a separate
disciplinary proceeding at the time of the disclosures.
The Geiers responded to the disclosures by accusing the Board, its 22

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Kenneth P. Felis v. Downs Rachlin Martin, PLLC, and Gallagher, Flynn & Company, LLP

This case arises out of a divorce proceeding between plaintiff
Kenneth Felis and his former wife, Vicki Felis. Defendant Downs Rachlin Martin, PLLC
(DRM) represented Ms. Felis in the divorce proceeding, and defendant Gallagher, Flynn &
Company, LLP (GFC) was retained by DRM on behalf of Ms. Felis to prepare business
valuations related to the proceeding. Plaintiff appeals the

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STATE OF KANSAS v. DUSTIN ALEX EVANS

The State appeals the district court's decision to dismiss the aggravated battery charge against Dustin Alex Evans based upon a finding that Evans qualified for self-defense immunity under K.S.A. 2014 Supp. 21-5231. The State charged Evans with aggravated battery arising from an altercation with Jose Luis Pena, Jr., that took place in Evans' garage. During the altercation, Evans stabbed Pena, who

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Stephen Maresca v. Bernalillo County

Plaintiffs-Appellants Stephen Maresca, Heather Martin-Maresca, and their
three children were driving back from a family hike when they were arrested in a
“felony stop” carried out by Bernalillo County Sheriff’s Deputies J. Fuentes, G.
Grundhoffer, and four other officers.1 Deputy Fuentes initiated the stop because she
mistakenly believed that the Marescas were driving a stolen vehi

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Joyce Janette Riddle v. City of Abilene

Joyce Janette Riddle1 appeals the order of the trial court in which the trial
court granted the City of Abilene’s plea to the jurisdiction on her premises defect
claim against the City. Riddle argues, in her sole issue, that the trial court erred
when it granted the plea to the jurisdiction because she raised a question of material
1Donald Wayne Riddle provided an affidavit in this

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Dutton v. City of Midwest City

Responding to a reported disturbance at the Duttons’ home, Midwest City
police officer Dan Peterson, a certified bomb technician, saw what he believed were
numerous Molotov cocktails in the Duttons’ open garage. Officers attempted to
speak with Mr. Dutton, but he refused, stating he had “something” for them and they
should “get the ‘fuck’ out of here.” R., Vol. I at 60. A SW

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Mark Whiting v. James Lillicrap, et al., ,

Plaintiff Mark Whiting is a pretrial detainee currently in in the custody and
control of Defendant Vermont Department of Corrections (the “Department”), who
is incarcerated at Northern State Correctional Facility (“NSCF”). Plaintiff is
awaiting trial on twelve criminal charges in a case pending in the Criminal Division
of this Unit, Docket No. 566-10-13 Oscr. The charges incl

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Darryl Colbert vs. State of Minnesota

Appellant Darryl Colbert was found guilty by a Hennepin County jury of the first
degree murder of Robert Mitchell in December 2003, and was sentenced to life
imprisonment without the possibility of release. We affirmed Colbert’s conviction on
direct appeal. State v. Colbert (Colbert I), 716 N.W.2d 647, 649 (Minn. 2006). In July
2014, Colbert filed his sixth postconviction pet

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Shemtov Michtavi v. William Scism

Shemtov Michtavi, a pro se prisoner, brought suit against William Scism, former
warden of the Federal Correctional Institution in Allenwood, D. Spotts, former Assistant
Health Services Administrator and medical supervisor at Allenwood, and Dr. J. Miller,
supervising physician at Allenwood (“Appellants”), for their failure to treat his retrograde
ejaculation condition. Appellan

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Jesse James Warren v. The State of Georgia

Jesse James Warren has been indicted on four counts of murder and many
additional charges in connection with a mass shooting at a Penske Trucking
Company location in Cobb County on January 12, 2010, in which four victims
were killed and a fifth victim was paralyzed. The State has given notice of its
intent to seek the death penalty. On March 4, 2013, Warren filed a special plea

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John E. Rodarte, Sr. v. Texas Department of Family and Protective Service

John E. Rodarte, Sr. appeals the trial court’s order dismissing his lawsuit against the Texas Department of Family and Protective Services. In his brief, Rodarte refers to the discovery rule as a reason the trial court erred in dismissing his lawsuit. We affirm the trial court’s order.
BACKGROUND
This is the second appeal arising from the underlying lawsuit. In his lawsuit, Rodarte alleged

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The People v. Edwards

In 2005, 17-year-old defendant Michael Edwards and a group of friends from East Palo Alto drove to a high school house party in San José. Following an argument between the partygoers and defendant’s friends, members of defendant’s group fired multiple gunshots at a crowd gathered on the lawn in front of the house. A bullet struck 18-year-old Michael DeJesús in the head, fatally wounding him. Th

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Derek J. Burton v. Michael Downey

Plaintiff‐appellee Derek J. Burton
filed a civil rights action under 42 U.S.C. § 1983, alleging that
members of the staff at the Jerome Combs Detention Center
(“JCDC”) violated his constitutional rights while he was de‐
tained for eighteen months awaiting trial. The district court
denied defendants’ motion for summary judgment, ruling
that a reasonable jury coul

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George H. Dawson v. Michael Brown, Springfield Illinois, Police Department

Plaintiff-appellant, George H. Dawson
(“Dawson”), filed a six-count complaint that included, among
other claims, a civil rights action pursuant to 42 U.S.C. § 1983
against Officers Michael Brown and Chance Warnisher of the
Springfield Police Department for use of excessive force. The
district court granted summary judgment in favor of the
defendants on all six counts. On ap

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Renee D. Gustafson v. William Adkins

In May 2007, defendant‐appellant
William Adkins, a detective at the Jesse Brown Veterans Af‐
fairs (“VA”) Medical Center in Chicago, installed a hidden
surveillance camera in the ceiling of an office used by female
officers as a changing area. The camera captured images of
female officers dressing and undressing. VA personnel dis‐
covered the covert survei

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PATRICIA ANN THOMPSON v. WINN-DIXIE MONTGOMERY, INC.,

Plaintiff, Patricia Ann Thompson, was injured when she slipped and fell in a
puddle of water while shopping at a Winn-Dixie store. Plaintiff filed suit
against Winn-Dixie, which in turn filed a third party demand against Southern
Cleaning Services, Inc. (“SCSI”) which was contracted to provide floor care and
janitorial services to Winn-Dixie. SCSI filed a third party claim again

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The People v. Michael Edwards

Following an argument between the party-goers and defendant’s friends, members of defendant’s group fired multiple gunshots at a crowd gathered on the lawn in front of the house.

In 2005, 17-year-old defendant Michael Edwards and a group of friends from East Palo Alto drove to a high school house party in San José. Following an argument between the partygoers and defendant’s friends, mem

More...   $0 (10-16-2015 - CA)

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