Immunity Law
 
THE PEOPLE v. TRINITY HOLISTIC CAREGIVERS, INC. et al

On May 21, 2013, the voters of the City of Los Angeles (City) approved Proposition D, a measure placed on the ballot by the City Council to regulate medical marijuana businesses (MMB’s). (See City Ordinance No. 182,580.) This measure superseded previous City laws concerning MMB’s, and enacted Los Angeles Municipal Code (LAMC) section 45.19.6.2, subdivision A, making it a misdemeanor to “own, est

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Kosoco, Inc. v. Metropolitan Transit Authority of Harris County

Appellant, Kosoco, Inc., challenges the trial court’s order dismissing, for lack of jurisdiction, its inverse-condemnation claims1 against appellee, Metropolitan Transit Authority of Harris County (“Metro”). In three issues, Kosoco contends that the trial court erred in dismissing its lawsuit.
We affirm.
Background
In its original petition, Kosoco alleged that, since 1980, it has opera

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Albert Morris and Tilda Morris, et al. v. Unified Housing Foundation Inc., et al.

Appellants were the plaintiffs in this suit for personal injuries, “malicious” contract breaches arising from an apartment lease, and federal civil rights violations. Their claims arose from an incident in which appellant Albert Morris was allegedly assaulted and injured without justification by an off-duty Parkland Hospital police officer and by City of Dallas police officers in the parking lot o

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STATE OF SOUTH DAKOTA v. ALFREDO L. VARGAS

A jury found Defendant guilty of attempted fetal homicide. During the
trial, the jury heard from Lisa Komes. Komes testified that she learned that she
was pregnant with Defendant’s child in February of 2010. She told Defendant
about her pregnancy, and he indicated that he wanted her to obtain an abortion.
Komes did not want to be pregnant at that time, but she did not want

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Imani Brown v. City of New York

17 A pre-dawn sidewalk conversation between police officers and
18 a member of the public that began with a request for help finding
19 a bathroom escalated into a confrontation, an arrest, a struggle,
20 a use of force and pepper spray, a lawsuit, and now this appeal
21 from dismissal of the lawsuit. Imani Brown appeals from the June
22 18, 2014, judgment of the District Court

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Hi-Desert Medical Center v. Douglas

The federal Medicaid program provides financial assistance to states that offer medical treatment to needy persons. (Mission Hospital Regional Medical Center v. Shewry (2008) 168 Cal.App.4th 460, 469–470 (Mission I).) “California participates in the federal Medicaid program through the Medi-Cal program,” and the Department is the state agency authorized to administer the Medi-Cal program. (Id.

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Salvador Reza v. Russell Pearce

In this § 1983 action, Salvador Reza alleges that Arizona
State Senator Russell Pearce violated his constitutional rights
when he ordered Reza removed, and barred, from the Arizona
Senate building (the Building) at the state capital. Reza
contends that Senator Pearce targeted him because of his
public criticism of the senator, and because of Reza’s
Mexican heritage. Senator

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Dowd Grain Co. v. County of Sarpy

On March 9, 2004, the Sarpy County Board of Commissioners supplemented the Sarpy County zoning ordinances by adopting an overlay district zoning ordinance (overlay ordinance). In effect, the overlay ordinance imposed additional regulations on land along a specified road corridor. These regulations included design guidelines. The original overlay ordinance applied only to future developments. It st

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Albert A. Gore v. Al Jazeera America Holdings I, Inc.

Because we are reviewing an order granting summary judgment in favor of Defendants-Appellees and a motion to reconsider that order, the following factual summary is based on the facts as averred by Plaintiff-Appellant Bryan Santini (“Santini”).1 This appeal arises from an altercation between Santini and several members of the New Jersey State Police that took place on February 3, 2009. (Deposition

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James Hill v. Madison County School Board, et al.

At the time of the rape on January 22, 2010, Doe was a 14-year-old girl and
an eighth grader. From the time her mother became ill and later passed away in
2007, Doe grew up in foster homes scattered throughout North Carolina. In 2008,
Doe moved to Huntsville, Alabama, to live with her siblings’ stepmother, Patricia
Jones, before starting seventh grade. While in Huntsville,

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ADRIAN REYES V. GREG LEWIS

On January 11, 2006, an armed person got out of a silver Toyota Camry and shot Derek Ochoa three times. The person may have yelled “Delhi” (the name of an Orange County gang). Ochoa died as a result of the shooting. He was a senior at La Sierra High School in Riverside County.
Riverside Police Department officers traced the Camry to the home of Andres Munoz, an older cousin of petitioner Ad

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MICHAEL D. HURT v. STATE OF WYOMING, ex rel., DEPARTMENT OF WORKFORCE SERVICES, WORKERS’ SAFETY AND COMPENSATION DIVISION,

Mr. Hurt worked as a concrete truck driver for Tilton Ready Mix, Inc. On September 7, 2006, he was helping unload concrete from a truck when he slipped on a large hose and fell onto his back and buttocks. Steven Beer, M.D. performed surgery on Mr. Hurt’s back on December 19, 2006, including an L4-5 and L5-S1 interbody fusion, an L3 to S1 posterior instrumentation using various types of hardware,

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Estate of William E. Williams v. Indiana States Police Department

We have consolidated for decision
these two appeals, heard on the same day, that present similar
issues of law relating to the reasonableness of force under the
Fourth Amendment. In both cases, family members called
police officers to their home because a family member had
locked himself in a room of his home and was threatening
suicide. The officers responded to the distre

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Joshua Glay v. Michael Emmi

This appeal addresses Joshua Clay’s § 1983 claim that Police
Officer Michael Emmi used excessive force while restraining him during a mental health
commitment. Officer Emmi moved for summary judgment, arguing that the Fourteenth
Amendment rather than the Fourth Amendment applies to the use of force claim here, and that he
is entitled to qualified immunity because the force he used

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Fred Taylor v. City of Shreveport

Plaintiffs-Appellants are police officers employed by the City of Shreveport (the “City”). The City’s police department (the “Department”) recently adopted a new sick leave policy entitled “SPD 301.06.” Plaintiffs challenge SPD 301.06 on numerous statutory and constitutional grounds. They seek declaratory and injunctive relief, damages, fees, and costs.
United States Court of Appeals
Fifth

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Ryan Uresk Harvey v. Ute Indian TRibe of the Uintah and Ouray Reservations

Under 28 U.S.C. § 1447(d), a district court order remanding a case to state court is
“not reviewable on appeal or otherwise.” Notwithstanding this apparently clear
language, federal courts have frequently wrestled with the question of whether the “not
reviewable” language of § 1447(d) genuinely precludes appellate review of a remand
order. We hold that a district court order remand

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Cuiyan Qian v. Toll Brothers, Inc.

New Jersey’s common law imposes a duty on commercial
landowners to clear public sidewalks abutting their properties
of snow and ice for the safe travel of pedestrians. No
corresponding duty is imposed on residential landowners. We
adhered to that distinction between commercial and residential
landowners in Luchejko v. City of Hoboken, 207 N.J. 191, 211
(2011), a cas

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Great Oaks Water Co. v. Santa Clara Valley Water Dist.

Prior to adoption of the District Act, the Santa Clara Valley was plagued by overdraft of the underlying groundwater basin, causing among other things the subsidence of land—with resulting disruption of roads and structures—and the intrusion of salt water into groundwater acquifers. A similar pattern marked much of the American settlement of California. Over the years the Legislature created n

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Jonathan Michael Castro v. County of Los Angeles

Los Angeles, CA - Ninth Circuit affirms judgment against jailers

In October 2009, Jonathan Castro was arrested for being
drunk in public. He was housed in a “sobering cell” at the
Los Angeles Sheriff’s West Hollywood Station where, a few
hours after his arrest, he was savagely attacked by another
intoxicated arrestee who had been placed in the cell with him.
The office

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James Crawford and Thaddeus Corley v. Andrew Cuomo

New York, NY - Second Circuit holds that Eighth Amendment protects prisoners from cruel and unusual
punishment by prison officials.

On March 5, 2014, the district court (Norman A. Mordue, J.)
dismissed a complaint filed by Thaddeus Corley, an inmate at the Eastern
4 No. 14‐969‐cv
Correctional Facility (“ECF”), and James Crawford, a former ECF inmate,
allegi

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Nicole Burton v. Freescale Semiconductor, Inc., et

Freescale is a designer and manufacturer of microchips that relies, in part, on temporary employees provided by Manpower, a staffing agency. Beginning in 2009, Burton worked for Freescale as one such “temp” employee. In 2009 and 2010, Burton received generally positive-to-neutral performance reviews. In 2011, Burton’s fortunes with Freescale turned. First, in January, she broke a wafer, the pl

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Crawford v. Cuomo, et al

On  March  5,  2014,  the  district  court  (Norman  A.  Mordue,  J.) 
dismissed a complaint filed by Thaddeus Corley, an inmate at the Eastern 
4  No. 14‐969‐cv
Correctional Facility (“ECF”), and James Crawford, a former ECF inmate, 
alleging that Corrections Officer Simon Prindle sexually abused them and, 
in doing so, subjected them to cruel and unusual puni

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In re the Marriage of: TLM and JWM

Tulsa, OK - In re the Marriage of: TLM and JWM - (Family and Domestic: DIVORCE WITH MINOR CHILDREN)

PETITION FOR DISSOLUTION OF MARRIAGE
COMES NOW the Petitioner, TLM, for cause of action against the Respondent, JWM, alleges and states that:
1. Residency. Petitioner is now and has been for more than six (6) months preceding the filing of the Petition herein an actual resident, in

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Rogoz v. City of Hartford

It is undisputed that on May 8, 2009, shortly after 11:00 a.m., Rogoz drove to the
17 vicinity of Lawrence Street in Hartford, Connecticut (hereafter the "Lawrence Street area"), "a hot spot
18 area for illegal drug activity," D.Ct. Op., 2013 WL 3816580, at *3 (internal quotation marks omitted),
19 and, through the window of his vehicle, bought $50 worth of heroin. Rogoz then turned

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David Rogoz v. City of Hartford, et al.

15 Plaintiff David Rogoz appeals from a final judgment entered in the United States
16 District Court for the District of Connecticut, Vanessa L. Bryant, Judge, summarily dismissing all of
17 his claims against defendants City of Hartford (the "City"), individual detectives and officers in the
18 City's Police Department (together the "police officer defendants"), and the City's Chief

More...   $0 (08-10-2015 - NY)

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