Ernesto Monell ("Monell")
appeals from his conviction and sentence for one count of being a
felon in possession of a firearm and ammunition and for one count
of possessing with intent to distribute cocaine base. His primary
challenge on appeal is to the warrant used by police to search his
apartment. Monell also raises several other issues from his trial
and sentencing. Aft

The following facts are derived from the trial court’s order. On February 4, 2011, Morgan was involved in an altercation with another student, A.M., on a school bus. During that altercation, A.M. punched Morgan in the face. The bus driver reported the incident to the defendant on February 7.
2
The school principal, Barry Albert, downloaded the bus driver’s report on February 8 and m

Danelle Hollingsworth was detained for booking at the police station in St.
Ann, Missouri, after an arrest for stealing wine coolers from a convenience store at
a gas station. When she refused a directive from police and corrections officers to
change from her street clothes into an orange jumpsuit, a police officer stunned her
with a Taser device to encourage compliance.
Holli

Ernesto Monell ("Monell")
appeals from his conviction and sentence for one count of being a
felon in possession of a firearm and ammunition and for one count
of possessing with intent to distribute cocaine base. His primary
challenge on appeal is to the warrant used by police to search his
apartment. Monell also raises several other issues from his trial
and sentencing. Aft

Advertisements featuring three minor girls, J.S., S.L., and L.C. (collectively
J.S.), allegedly were posted on a website owned and maintained by Village Voice
Media Holdings, d/b/a Backpage.com, Backpage.com LLC and New Times Media
LLC, d/b/a/ Backpage.com (collectively Backpage). J.S. allegedly was raped
multiple times by adult customers who responded to the advertisements.

Plaintiff Elvia Cordero, as personal representative of the estate of Robert Montes,
filed a complaint in the United States District Court for the District of New Mexico
* After examining the briefs and appellate record, this panel has determined unanimously
to honor the parties’ request for a decision on the briefs without oral argument. See Fed.
R. App. P. 34(f); 10th Cir. R. 34.1

Preferred Investment Services, Inc., (“PISI”) was a Delaware corporation involved in the
financing of cash bails that were posted in various Delaware courts by T&H Bail Bonds, Inc.
Edwin Swan was the owner and principal of PISI. Plaintiffs (in this action) are T&H and the
other named individuals who were originally co-defendants in the Chancery Court case. The
contract betwe

This action challenges the monthly assessments collected by Defendant
Delaware Manufactured Home Relocation Authority (the “Authority”) under the
Manufactured Home Owners and Community Owners Act (the “Act”).1 The Act
directed the Authority to set a three dollar monthly assessment on landlords and
tenants of manufactured home communities, which its board did in February
2

In October 2003, the State charged Jason Mashaney with one count of aggravated criminal sodomy and one count of aggravated indecent liberties with a child based on allegations made by the mother of Mashaney's 5-year-old daughter. The State later amended the complaint to add an alternative count of aggravated indecent liberties.
The district court appointed Sarah Sweet-McKinnon of the Sedgwi

On August 25, 2012, Aaron Palmer was shot dead by Deputy Sheriff Kenneth
Cherry immediately after Cherry barged into Aaron’s home in Seminole, Oklahoma.
Having been commissioned by Seminole County Sheriff Shannon Smith, Cherry was
serving as a compliance officer for the county’s drug-court program. He was at Aaron’s
house to execute a year-old bench warrant for the arrest of

The district court dismissed Robert Swindol’s wrongful discharge and defamation claims under Federal Rule of Civil Procedure 12(b)(6). It held that Mississippi’s employment-at-will doctrine barred the wrongful discharge claim and that falsity had not been adequately alleged for the defamation claim. The wrongful discharge claim presents an important and determinative question of state law that h

Plaintiff‐Appellant Aaron Willey alleges that, while incarcerated in New
York, he endured a cruel campaign of harassment at the hands of corrections
officers in retaliation for his refusal to provide false information against another
inmate. The course of retaliatory conduct he alleges included smaller indignities
like frequent harassment and a week’s worth of meals that were

The district court dismissed Robert Swindol’s wrongful discharge and defamation claims under Federal Rule of Civil Procedure 12(b)(6). It held that Mississippi’s employment-at-will doctrine barred the wrongful discharge claim and that falsity had not been adequately alleged for the defamation claim. The wrongful discharge claim presents an important and determinative question of state law that has

The Equal Access to Justice Act (“EAJA”) “departs from
the general rule that each party to a lawsuit pays his or her
own legal fees.” Scarborough v. Principi, 541 U.S. 401, 404
(2004). The EAJA entitles those who prevail on a legal claim
against the U.S. government to an award of fees and costs,
but only if they prevail in adversary adjudications.
Specifically excluded from

Montgomery, AL - Peggy Jones as administrator of the Estate and Personal Representative of the of Christy Down Varden, sued the City of Canton under 42 U.S.C. 1983 claiming that the bail bonding practices and policies of the City of Canton, Alabama violated her 14th and 8th Amendment rights under the United States Constitution.

Court Docket:

01/15/2015 1 Inmate 1983 COMPLAINT a

Nearly seven years ago, sheriff’s deputy Phillip Aleshire confronted high school sophomore April Curran over her violation of a school rule banning cell phones on campus. Their interaction lasted only ten minutes. But it was long enough to saddle Curran with a juvenile record for battery of an officer, and Aleshire with a federal lawsuit for violating Curran’s constitutional rights.
This appea

Washington State taxes fuel. LAWS OF 1921, ch. 173, § 2. Not long
after the state began taxing fuel, the people approved the eighteenth amendment
to our constitution. This provision limits the use of motor fuel taxes to
"highway purposes," including "[r]efunds authorized by law for taxes paid on
motor vehicle fuels." WASH. CONST. art. II, § 40( d).
Several Indian tribes in

Robert Lee Stinson spent 23 years in
prison for a murder he did not commit. He was exonerated by
DNA evidence and now sues the lead detective and two
forensic odontologists who investigated the murder and later
testified at trial. The odontologists were the key witnesses for
2 Nos. 13-3343, 13-3346 & 13-3347
the prosecution. They testified that bite marks on the victim’s

¶1 The dispositive question presented is whether a Bosh v.Cherokee Building Authority, 2013 OK 9, 305 P.3d 994, claim for excessive force against a municipality, as applied to police officers and other law enforcement personnel, exists if an alternative cause of action may be pursued under the Oklahoma Governmental Tort Claims Act, 51 O.S. 2011 §§151 et seq. (OGTCA). We hold that a Bosh v. Cheroke

Thomas Bowden sued several law enforcement officers and the county clerk
from Jefferson County, Missouri, alleging, among other claims, that they violated his
rights under the Fourth Amendment. Bowden asserts that Deputy Sheriff Vernon
Martin drafted, and the remaining defendants caused to be drafted, an affidavit in
support of a request for an arrest warrant that led to Bowden’s s

Plaintiff Duarte Nursery, Inc., sells grape rootstock, the part of grapevines that becomes the root system. (Food & Agr. Code, §§ 74718, 74725; undesignated statutory references are to this Code.) Plaintiff challenges mandatory assessments it must pay to the California Grape Rootstock Improvement Commission to help fund research for pest-resistant and drought-resistant rootstock. (§§ 74701-7479

Plaintiff-Appellant Alan Baynes appeals the district court’s
grant of summary judgment to Defendants Deputy Brandon Cleland, Deputy Frank Maiorana,
and Macomb County on his claims of excessive force and deliberate indifference to a serious
medical need under 42 U.S.C. § 1983. We hold that Defendants Cleland and Maiorana are not
entitled to qualified immunity for Baynes’ claim of ex

This matter comes on before this Court on an appeal from an order entered in an action that plaintiff-appellee Joseph Stevens, a former employee of a subsidiary of defendant-appellant Santander Holdings USA Inc. (“Santander”), brought against Santander seeking to recover benefits from two disability benefit plans that Santander provided for its eligible employees. As an employee of a Santander sub

On August 25, 2012, Aaron Palmer was shot dead by Deputy Sheriff Kenneth
Cherry immediately after Cherry barged into Aaron’s home in Seminole, Oklahoma.
Having been commissioned by Seminole County Sheriff Shannon Smith, Cherry was
serving as a compliance officer for the county’s drug-court program. He was at Aaron’s
house to execute a year-old bench warrant for the arrest of Aaron’

Nolan Pamintuan was engaged to marry Rowena Panelo on May 18, 1996. He spent the evening before, May 17, with friends and family at the rehearsal dinner at a restaurant in Daly City. Panelo gave him a wedding present that night: a black Movado watch engraved with their intended wedding date. After dinner, Pamintuan drove Panelo to her apartment and continued on to Hayward, where he intended to