Immunity Law
 
Eric Morillo v. Monmouth County Sheriff’s Officer Alexander Torres

In this appeal, the Court considers the circumstances under which qualified immunity insulates law enforcement officers from claims of civil rights violations arising under 42 U.S.C.A. § 1983 (Section 1983) and the New Jersey Civil Rights Act (CRA), N.J.S.A. 10:6-1 to -2. In December 2010, Monmouth County Sheriff’s Officers Alexander Torres and Thomas Ruocco went to execute a child-support warr

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City of Dallas v. D.R. Horton - Texas, LTD.

The City of Dallas brings an interlocutory appeal of the trial court’s order denying its plea to the jurisdiction in the suit brought by D.R. Horton – Texas, Ltd. seeking disannexation from the City. TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West 2015). The City brings six issues contending the trial court erred by denying the plea to the jurisdiction. We affirm the trial court’s order deny

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Christopher J. Weiland v. Palm Beach County Sheriff's Office

Nearly one hundred and thirty years ago, one of Georgia’s greatest judges described the ideal in pleading:
Pleading is pure statement; just as much as a letter addressed to your sweetheart or your wife or your friend. The plaintiff complains that he has such a case, and he tells you what it is. The defendant says either that that is not so, or something else is so, and he makes his statement.

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Stevon Anzaldua v. Northeast Ambulance and Fire

Stevon Anzaldua worked for the Northeast Ambulance and Fire Protection
District (“Fire District”) as a full-time paramedic and firefighter. After the Fire
District suspended Anzaldua for purportedly failing to respond to a directive issued
by Chief Kenneth Farwell, Anzaldua emailed a newspaper reporter expressing
concerns about the Fire District and about Chief Farwell in particula

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Allan M. Shine et al. v. Charles Moreau et al. :

These consolidated cases come before this Court on
appeal from a decision of the Providence County Superior Court, which contained three distinct
holdings. First, the Superior Court granted the Central Falls Receiver’s1 motion for partial
1 There were several individuals who served as Receiver for the City of Central Falls during the

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United States of America v. Robert F. McDonnell

Over the course of five weeks of trial, federal prosecutors sought to prove that former Governor of Virginia Robert F. McDonnell (“Appellant”) and his wife, Maureen McDonnell, accepted money and lavish gifts in exchange for efforts to assist a Virginia company in securing state university testing of a dietary supplement the company had developed. The jury found Appellant guilty of eleven counts of

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JOHNNY LOUIS ARTHUR ANDERSON vs. STATE OF IOWA,

A jury found John Anderson guilty of possessing simulated marijuana and
marijuana with the intent to deliver while in the immediate possession of a
firearm. On direct appeal, this court affirmed Anderson’s judgment and
sentence. See generally State v. Anderson, No. 12-0197, 2012 WL 5356150
(Iowa Ct. App. Oct. 31, 2012).
Anderson petitioned for postconviction relief, al

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United States of America ex rel. Michael Drakeford, M.D. v. Tuomey d/b/a Tuomey Healthcare Systems, Inc.

In a qui tam action in which the government intervened, a jury determined that Tuomey Healthcare System, Inc., did not violate the False Claims Act (“FCA”), 31 U.S.C. §§ 3729-33 (2012).1 The district court, however, vacated the jury’s verdict and granted the government a new trial after concluding that it had erroneously excluded excerpts of a Tuomey executive’s deposition testimony. The jury in t

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ROBERT FLEMING v. STATE OF ARIZONA DEPARTMENT OF PUBLIC SAFETY

The material facts are undisputed. Department o Plic Saety PS Officer Scott Walter observed a vehicle driven by Faith Mascolino drifting across traffic lanes and traveling well below the speed limit on Interstate 10. He called for backup and attempted to pull Mascolino over, but she failed to yield and continued driving erratically. She eventually stopped in the emergency lane, close to a guard

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DONN MARTINEZ v. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION

This is a case of egregious attorney misconduct. That word – egregious – is difficult to write, but nothing else seems adequate. Blessed with a trial judge who allowed it, trial counsel ran roughshod over opposing counsel and the rules of evidence. We have no choice but to reverse. Generally, what happened is this: Defendant‟s attorney Karen Bilotti would ask a question in clear viola

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United States of America v. Dr. Dong Pyou Han

DES MOINES, IA – Dr. Dong Pyou Han, age 58, appeared in United States District Court and was sentenced to 57 months in federal prison based on his earlier guilty pleas to two counts of making false statements to the National Institutes of Health. Sentence was imposed by United States Senior District Court Judge James E. Gritzner, announced United States Attorney Nicholas A. Klinefeldt. Judge Gritz

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Frederico Santos v. Edmond G. Brown, Jr., Governor

Esteban Nunez--the son of Fabian Nunez, the former Speaker of the California State Assembly--aided in the killing of Luis Santos, the only son of Frederico and Kathy Santos, during a knife attack on October 4, 2008. The attack, initiated by Esteban Nunez and his acquaintances on Santos and on other young men, none of whom were armed, took place near the campus of San Diego State University. Among

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Vincent Salvato v. Deputy Lauren Miley

These consolidated appeals require us to decide two questions arising out of
an attempted arrest in which Deputy Lauren Miley shot and killed Joshua Salvato:
(1) whether Miley is entitled to qualified immunity against a claim for damages, 42
U.S.C. § 1983, for excessive force in violation of Salvato’s rights under the Fourth
Amendment; and (2) whether the sheriff of Marion Count

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Lawrence Carpenter v. Brandon Gillispie

Two county police officers used force (one, a knee strike;
the other, a taser) to subdue Lawrence Carpenter during his arrest. Their dash-cam videos show,
and Carpenter admits, that he resisted arrest and refused to be handcuffed before the officers
used force. When an arrestee actively resists arrest like Carpenter did, the police can
constitutionally use a taser or a knee strike

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United States of America ex rel. Michael K. Drakeford, M.D.

In a qui tam action in which the government intervened, a jury determined that Tuomey Healthcare System, Inc., did not violate the False Claims Act (“FCA”), 31 U.S.C. §§ 3729-33 (2012).1 The district court, however, vacated the jury’s verdict and granted the government a new trial after concluding that it had erroneously excluded excerpts of a Tuomey executive’s deposition testimony. The

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Masters Group International, Inc. v. Comerica Bank

¶1 Comerica Bank appeals a jury verdict and judgment rendered in favor of Masters
Group International, Inc. in the Second Judicial District Court, Silver Bow County. We
restate the determinative issues on appeal as follows:
1. Whether the District Court abused its discretion by denying Comerica’s severance
motion;
2. Whether the District Court erred in applying Montana law d

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Sherry Williams v. Grand Ledge High School

In this personal injury action arising out of a fall that occurred in a high school, plaintiff,
Sherry Williams, as next of friend for her daughter, Victoria Williams,1
a minor, appeals by right
the trial court’s order granting summary disposition to defendants, Grand Ledge High School and
Grand Ledge Public Schools, based on governmental immunity. The trial court’s order also

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Lloyd Douglas v. City of Kemp, Texas

Appellant Lloyd Douglas appeals from the trial court’s order granting appellee City of Kemp, Texas’s plea to the jurisdiction. On appeal Douglas argues that his claims against the City are not barred by governmental immunity. We affirm the trial court’s order.
BACKGROUND
Douglas built a nursing facility in Kemp, a city located in Kaufman County, Texas. According to Douglas, before he

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State of Kansas v. Samuel Reed

Defendant Samuel Reed shot Amos Becknell multiple times. Becknell
survived. The State charged Reed with attempted first-degree murder and a jury
convicted him as charged. At sentencing, the district court judge departed from the
presumptive sentence for a severity level 1 crime and criminal history of A, instead
sentencing Reed as though he had a criminal history of C.
Both Ree

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Jaime Guerrero v. State of Wyoming, ex rel., Department of Workforce Services, Workers' Compensation Division

[¶1] The Office of Administrative Hearings (OAH) denied Jaime Guerrero’s worker’s
compensation claim on the grounds he failed to prove a causal relationship between his
lower back problems and a work-related accident on June 8, 2011. The district court
upheld the OAH decision.
[¶2] We affirm.
ISSUES
[¶3] The issues for review in this case are:
1. Whether the OAH

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Leon Baer Borstein v. Virginia Marie Henneberry

Order, Supreme Court, New York County (Donna M. Mills, J.), entered September 27, 2013, which, to the extent appealed from as limited by the briefs, denied defendant's motion for attorneys' fees and sanctions, unanimously modified, on the law and the facts, to impose sanctions on plaintiff in the amount of $5,000, payable to the Lawyers' Fund for Client Protection, pursuant to 22 NYCRR 130-1.2 and

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Jacob Doe v. Hartford Roman Catholic Diocesan Corporation

A jury found that the defendant, the
Hartford Roman Catholic Diocesan Corporation, acted
negligently and recklessly when it assigned Father Ivan
Ferguson, an alcoholic whose admitted acts of child
molestation were understood to be linked to his drinking,
to serve as the director of Saint Mary’s Elementary
School in Derby (Saint Mary’s School), where he sexually
abus

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Edward Earl Johnson v. The City of Tulsa and Eric H. Hill

Tulsa, OK - Edward Earl Johnson, age 52, sued The City of Tulsa and former Tulsa Police Department police officer Eric H. Hill on civil rights violation theories under 42 U.S.C. 1983 claiming that his constitutional rights were violated when Hill planted drugs on him to support his false arrest on drug possession charges in 2008.

Johnson was arrested after a traffic stop and charged with

More...   $40000 (06-26-2015 - OK)

State ex rel. Oklahoma Bar Association v. Ward and Starr

¶1 On November 14, 2007, the Muskogee County District Attorney's office filed first degree murder charges against two men, Clinton Potts and Chad Pippin, for the 2004 murder of a man named Gregory Clark. Respondent Ward, who was then an assistant district attorney in Muskogee County, was the lead prosecutor at trial. Respondent Starr represented Mr. Potts. The jury trial of Mr. Potts began on Jul

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United States of America v. Walter A. Forbes

Walter A. Forbes appeals from a February 27, 2014 order of the United
States District Court for the District of Connecticut (Thompson, J.) denying his
motion for a new trial under Federal Rule of Criminal Procedure 33. Forbes,
former chief executive officer and chairman of the board of directors at CUC
International, Inc. (“CUC”) and former chairman of CUC’s successor, Cendan

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