Immunity Law
 
USA v. Brady Jackson, Jr

We review de novo a claim of insufficient evidence and assess the evidence “in the light
most favorable to the prosecution to determine whether any rational trier of fact could have
found the essential elements of the crime beyond a reasonable doubt.” United States v.
Campbell, 549 F.3d 364, 374 (6th Cir. 2008) (citing United States v. Grubbs, 506 F.3d 434, 438
(6th Cir. 2007)

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Robert Cahaly v. Paul LaRosa, III

Robert C. Cahaly, a self-described Republican political consultant, was arrested for alleged violations of South Carolina’s anti-robocall statute. After the charges were dismissed, Cahaly filed suit, challenging the statute on three First Amendment grounds: as an unlawful regulation of speech, as impermissibly compelling speech, and as unconstitutionally vague. Cahaly also sought damages from the

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Bryan M. Santini v. Colonel Joseph H. Fuentes

Appellant Bryan M. Santini appeals from two final
decisions of the District Court for the District of New Jersey:
(1) its September 18, 2013 decision granting summary
judgment against him and (2) its May 6, 2014 decision
denying his motion seeking reconsideration of the court’s
September decision. Santini v. Fuentes, Civ. Act. No. 11-639-
JAP, 2013 WL 5554257, at *6 (D.N.J.

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Marcia Lee Stresemann vs. Lucinda Jesson

We granted review to answer the question “whether and under what circumstances
prosecutorial immunity protects a person who is not a prosecutor.” Appellant Marcia Lee
Stresemann is the sole owner of Affiliated Counseling Center, LLC (Affiliated).
Respondent Catharine Morton-Peters was the Chief Investigator for the Medicaid Fraud
Control Unit (MFCU) of the Minnesota Attorney

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Orson D. Munn, III v. The Hotchiss School

Cara Munn and her parents brought suit against the Hotchkiss
School after Munn contracted tick‐borne encephalitis on a schoolorganized
trip to China. At trial, a jury found Hotchkiss negligent and
awarded the Munns $41.5 million in damages, $31.5 of which were noneconomic
damages. On appeal, the school argues that it did not have a
legal duty to warn about or protect agai

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Leroy Davis v. Javier Velez, James Lukeson and Gary Calhoun

13 Defendants Javier Velez and James Lukeson, officers in the New York City Police
14 Department ("NYPD"), and defendant Gary Calhoun, an NYPD sergeant, appeal from a judgment
15 entered in the United States District Court for the Eastern District of New York following a jury trial
16 before Jack B. Weinstein, Judge, ordering Velez and Lukeson each to pay plaintiff Leroy Davis
17 $

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Brown v. Office of the Commissioner of Probation

This case presents the novel issue of whether a plaintiff who recovers punitive damages as part of a judgment
2
under the provisions of G. L. c. 151B, § 9, against a subdivision of the Commonwealth may be awarded postjudgment interest on that award and on the award of attorney's fees and costs, or whether sovereign immunity bars such interest.1 The statutes relevant to the issue, inclu

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Carolyn Northcutt, as Personal Representative of the Estate of James H. Bell v. City of Hearne

In one issue, appellant, Carolyn Northcutt, as personal representative of the estate of James H. Bell, challenges a plea to the jurisdiction granted in favor of appellee, the City of Hearne. Because we conclude that the record does not contain sufficient jurisdictional facts to support a waiver of governmental immunity under section 101.021 of the Texas Civil Practice and Remedies Code, we affirm.

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Jefferson County, Texas v. Ha Penny Nguyen

This appeal concerns an employment dispute between Appellant, Jefferson County (the “County”), and Appellee, Ha Penny Nguyen (Nguyen), a former County employee. The County appeals from a Judgment rendered in favor of Nguyen, following a jury trial wherein the jury found that Nguyen was subjected to adverse employment actions, retaliation for protected speech, and a violation of her
2
due p

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Neighborhood Centers Inc. v. Doreatha Walker

Appellee and cross-appellant Doreatha Walker sued her former employer, appellant and cross-appellee Neighborhood Centers Inc. (“Neighborhood Centers”), for its alleged retaliation against her for filing a workers’ compensation
2
claim.1 She also sued Neighborhood Centers under the Whistleblower Protection Act.2 Neighborhood Centers filed a plea to the jurisdiction asserting that it had gov

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Lee Ann Wheelbarger v. The Landing of Counsel of Co-Owners

After Hurricane Ike caused significant damage to their homes, a group of condominium owners sued their condominium association and members of its board. The plaintiff owners argued that by failing to repair hurricane damage to the condominium complex and by demolishing it, the association acted negligently, breached the association’s declarations and bylaws, and violated the Texas Property Code. T

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Murray v. Town of Hudson

During a varsity baseball game between two
high school teams at a public park in the town of Hudson (town),
the plaintiff, a ballplayer with the visiting team, seriously
injured his knee while warming up in the bullpen. The plaintiff
filed suit in the Superior Court against the town under the
Massachusetts Tort Claims Act, G. L. c. 258 (act), alleging that
his injury

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Texas Health and Human Services Commission v. Joseph Mcrae

Texas Health and Human Services Commission appeals the trial court’s denial of its plea
to the jurisdiction. In two issues, the Commission argues the trial court erred in denying its plea
to the jurisdiction because Joseph McRae failed to demonstrate a waiver of the Commission’s
sovereign immunity and McRae did not plead or prove a negligent condition or use of tangible
personal pr

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JACOB FUGLE, v. SUBLETTE COUNTY SCHOOL DISTRICT #9 and STEPHEN NELSON

In November 2010, Mr. Fugle was a student at Big Piney High School in Big Piney, Wyoming. As part of a science class, his teacher, Stephen Nelson, conducted a demonstration of centripetal force in the high school gymnasium using a wheeled cart and a 20-foot rope. In the demonstration, Mr. Nelson stood in the center of the gym and heldon to one end of the rope while a student, sitting in the cart

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Clinton Lee Young v. William Stephens

San Antonio, TX - Fifth Circuit affirms denial of certificate of appealability and motion to stay to death row inmate

Petitioner-Appellant Clinton Lee Young (“Young”) was convicted of two murders and sentenced to death. Young’s death sentence became final on April 3, 2006, when the Supreme Court denied his petition for a writ of certiorari. Young’s habeas petitions, however, continue to b

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Jone Doe 2 v. President John W. Rosa

Charleston, SC - Fourth Circuit affirms dismissal of claim against President of The Citadel for failing to act on report of sexual abuse of two minor boys

The appellants in this consolidated appeal were the plaintiffs below, John Doe 2 and Mother Doe, on behalf of John Doe 2’s younger brother, Doe 3 (together, “the Does”).1 Beginning in 2005 and continuing through July or August 2007, Lou

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Susan H. Chadd v. United States of America

Seattle, WA - Ninth Circuit reverses grant of Tort Claim summary judgment on wrongful death claim

We must decide whether the United States may be sued
under the Federal Tort Claims Act for the actions of the
National Park Service relating to a mountain goat that
attacked and killed a Park visitor.
I
A
Established in 1938, Olympic National Park (“Olympic”
or the

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Mark Robbins v. Randy Becker, Sr.

St. Louis, MO - Eighth Circuit affirms District Court summary judgment in favor of Missouri Highway Patrol


Mark and Gail Robbins, the owners and operators of I-44 Truck Center and
Wrecker Service, LLC and I-44 Wrecker Service, LLC (collectively, the Robbinses),
appeal the district court’s adverse grant of summary 1 judgment to fourteen individual
officers and supervisors

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Jessica Shannon v. Memorial Drive Presbyterian Church U.S.

We are asked to decide whether ecclesiastical immunity can shield a church
from contractual liability when the subject contract does not implicate church
doctrine. In seven issues, appellant Jessica Shannon challenges the trial court’s
grant of appellee Memorial Drive Presbyterian Church’s plea to the jurisdiction
and motions for summary judgment. Concluding that the Church is not

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Wilma Reynolds v. David Reynolds

Appellant Wilma Reynolds appeals from the trial court’s denial of her
petition for a bill of review seeking to set aside and re-litigate the community
property division contained in the decree of divorce ending her marriage to
appellee David Reynolds. Although Wilma raises two issues, we need only
address her second, in which she contends that the trial court abused its discretion<

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Marvin Mead v. Charles Palmer

In this interlocutory appeal, Director Jason Smith, M.D., and Nurse Mary
Benson, both of Iowa's Civil Commitment Unit for Sex Offenders (CCUSO)
(collectively, "defendants"),2 appeal the district court's order denying them qualified
immunity from damages in a 42 U.S.C. § 1983 suit brought by Marvin Mead, a
patient civilly committed at the CCUSO. Mead claimed that he was denied essen

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Louis Dana Gradisher v. City of Akron

One afternoon, plaintiff Louis Dana Gradisher consumed multiple
alcoholic drinks, then made several erratic phone calls to 911 complaining about someone with a
gun. When officers from the City of Akron Police Department arrived at his residence and
Gradisher locked his door and retreated upon seeing them, they feared that someone inside might
>
No. 14-3973 Gradisher v. City of

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Rory Dolan v. William J. Connolly

27 Appeal from the United States District Court for the Southern District of
28 New York (George B. Daniels, J.) dismissing Plaintiff‐Appellant Rory Dolan’s
29 complaint for failure to state a claim. Dolan alleged that defendants retaliated
30 against him for his actions as a member of the prison Inmate Liaison Committee
31 (“ILC”), in violation of 42 U.S.C. §§ 1983 and 1985(

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Gary Tsirelman, M.D. v. Richard F. Daines, M.D.

Plaintiff Gary Tsirelman’s medical license was revoked in a
New York disciplinary proceeding. On appeal, he challenges New
York’s use of the preponderance‐of‐the‐evidence standard in such
proceedings as a violation of the Due Process Clause. Because we
hold that the Constitution does not require a higher standard of
3 No. 14‐2154‐cv
proof in fr

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STATE OF IDAHO V. COEUR D'ALENE TRIBE

As this appeal hinges on the regulation of Indian gaming, we begin with a brief introduction to the IGRA. Congress passed the IGRA in 1988 “in order to provide a statutory basis for the operation and regulation of gaming by Indian tribes.” Seminole Tribe of Fla. v. Florida, 517 U.S. 44, 48 (1996). “The Act divides gaming on Indian lands into three classes—I, II, and III—and provides a different

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