Immunity Law
 
Donald Francis King v. Lamont Hill and Tulsa County Sheriff's Department

Lamont Hill, a deputy sheriff with the Tulsa County Sheriff’s Department,
shot and wounded plaintiff Donald Francis King during a domestic disturbance call.
Mr. King sued Deputy Hill under 42 U.S.C. § 1983, complaining that Deputy Hill
had used excessive force in violation of the Fourth Amendment. The district court
denied Deputy Hill’s motion for summary judgment based on qua

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Michael B. Kingsley v. Stan Hendrickson

an individual detained in a jail prior to trialbrought a claim under Rev. Stat. §1979, 42 U. S. C. §1983, against several jail officers, alleging that they used excessive force against him, in violation of the FourteenthAmendment’s Due Process Clause. The officers concede that they intended to use the force that they used. But the parties disagree about whether the force used wasexcessive.

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Kathleen Arbogast v. State of Kansas, Department of Labor

Defendant-appellant Kansas Department of Labor (KDOL) brings this
interlocutory appeal, arguing the district court should have dismissed plaintiffappellee
Kathleen Arbogast’s suit because (1) KDOL lacks the capacity to sue and to
be sued under Kansas law and (2) even if KDOL is a proper defendant, it is immune
from suit by operation of the Eleventh Amendment to the U.S. Constitut

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Ibrahim Turkmen v. Dennis Hasty

28 On September 11, 2001, “19 Arab Muslim hijackers who counted
29 themselves members in good standing of al Qaeda” hijacked four airplanes and
30 killed over 3,000 people on American soil.  Ashcroft v. Iqbal (Iqbal), 556 U.S. 662,
31 682 (2009).  This case raises a difficult and delicate set of legal issues concerning
4
1 individuals who were caught up in the post‐9/

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Ute Indian Tribe of the Uintah and Ouray Reservation v. State of Utah, Duchesne County, Uintah County, Rossevelt City and Bruce Ignacio

In our layered system of trial and appellate courts everyone’s assured at
least two chances to air a grievance. Add to this the possibility that a lawsuit
might bounce back to the trial court on remand or even rebound its way to appeal
yet again — or the possibility that an issue might win interlocutory review — and
the opportunities to press a complaint grow abundantly. No d

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Paul Levy v. Kansas Department of Social and Rehabilitation Services

Paul Levy alleges that he was constructively discharged from the Kansas
Department of Social and Rehabilitation Services (SRS) in retaliation for
advocating for better accommodation for a disabled co-worker. He filed
retaliation claims against SRS under the Americans with Disabilities Act (ADA)
and the Rehabilitation Act. The district court granted summary judgment to SRS
on bo

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Douglas Rubins v. The People of the State of Texas

This is an appeal from a dismissal of Douglas Rubins’ civil rights claims against the “People of the State of Texas.” In May of 2012, Rubins had originally sued Texas and various other entities or individuals. Some were dismissed based on a plea to jurisdiction. That issue was appealed, which appeal was subsequently dismissed. Thereafter, Rubins requested the trial court for permission to co

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Denis Murray v. Kindred Nursing Centers West, LLC

Denise Murray portrays herself as
a whistleblower and charges that her quondam employer, Kindred
Nursing Centers West LLC (Kindred), fired her on that account.
Kindred denies this charge, asserting that it terminated Murray's
employment for a legitimate, nondiscriminatory reason: suspected
drug diversion. The district court assiduously sorted through the
evidence supporting

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Vivian Jackson v. Preston West

This case is about the tragic death, by suicide, of Darius Johnell James while
he was in the custody of the Marion County Jail in Ocala, Florida. On October 14,
2007, Mr. James took his own life by hanging himself with a bed sheet. He was 22
years old at the time. Vivian Jackson, Mr. James’s mother and the Personal
Representative of his Estate, filed a 42 U.S.C. § 1983 complaint

More...   $0 (06-03-2015 - FL)

Woods View II, LLC v. Kitsap County

Appellants Woods View II, LLC (WVII) and Darlene Piper appeal
from the superior court' s grant of summary judgment in Kitsap County' s ( the County) favor on
WVII' s claims of negligence, tortious interference, and takings. These claims arise from the
alleged delay of several permits and governmental decisions required•for a project ofWVII. WVII
and Piper argue that ( 1) their cl

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United States of America v. David Parse

Defendant David Parse appeals from a judgment entered in the United States District
25 Court for the Southern District of New York following a jury trial before William H. Pauley III, Judge,
26 convicting him on one count of mail fraud, in violation of 18 U.S.C. §§ 1341 and 2, and on one count
27 of corruptly endeavoring to obstruct and impede the administration of the internal reven

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ACE Cash Express, Inc. v. The City of Denton, Texas

Appellant ACE Cash Express, Inc. appeals the trial court’s order granting appellee The City of Denton, Texas’s plea to the jurisdiction. We affirm.
Background Facts
In 2011, the Credit Services Organizations Act (the CSO Act) amended the finance code by providing for the licensing and regulation of credit access
1See Tex. R. App. P. 47.4.
2
businesses (CABs). See Tex. Fin.

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Jamie Harvel and the Austin Police Association v. Texas Department of Insurance - Division of Workers' Compensation, and Commissioner Rod Borderlon, in his Official Capacity

Officer Jamie Harvel and the Austin Police Association, appellants, bring this
interlocutory appeal challenging a plea to the jurisdiction granted in favor of appellees,
2
the Division of Workers’ Compensation of the Texas Department of Insurance (“the
Division”) and the Commissioner of Workers’ Compensation David Mattax, in his official
capacity.1 We affirm the trial c

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Ceellu Williams v. Texas Tech University Health Sciences Center

Ceellu Williams was a student in the Doctor of Physical Therapy program at Texas Tech University Health Sciences Center. She failed a clinical internship course one summer and successfully repeated it the next summer. She then failed another clinical internship course. TTUHSC dismissed Williams from the program, without allowing Williams to repeat the second failed course, based on a policy which

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Rebecca Terrell v. Commissioner of Education Michael L. Williams, Texas Education Agency, and Pampa Independent School District

Rebecca Terrell, acting pro se, appeals the trial court’s order granting the pleas to the
jurisdiction of appellees Commissioner of Education Michael L. Williams, Texas Education Agency
(the Commissioner), and Pampa Independent School District. For the following reasons, we affirm
the trial court’s order.1
BACKGROUND
Terrell was employed by the School District under a proba

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David Mauk v. Pipe Creek Water Well, LLC and Robert Rae Powell

Appellant David Mauk, the general manager for Bandera County River Authority and Groundwater District, was sued for defamation, slander per se, and business disparagement. Mauk moved to dismiss the suit under section 101.106(f) of the Texas Tort Claims Act. He asserted he was immune from suit because he was a governmental unit employee acting within the scope of his employment and the suit could h

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Bexar County v. Leticia Votion

Appellant Bexar County was sued by Leticia Votion for injuries she suffered when she allegedly tripped and fell in a Bexar County facility. Bexar County filed a plea to the jurisdiction, but it was denied. In this interlocutory appeal, Bexar County argues the trial court erred because, under the Texas Tort Claims Act (TTCA), it conclusively established it did not timely receive notice of the claim

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Whitney Brewster, In her capacity as executive director of The Texas Department of Motor Vehicles v. Drew Roicki and Richard Roicki As Successors in Interest to Pinnacle Motors

Appellant Whitney Brewster, Executive Director of the Texas Department of Motor Vehicles, asserted immunity from suit in the underlying cause regarding TxDMV’s decisions affecting four vehicle titles. The trial court denied her plea to the jurisdiction, and she appeals. Because Appellees raised a fact issue on whether Brewster acted without legal authority, which could invoke the ultra vires imm

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Hyannis Marina, Inc. v. Angela M. O'Connor

Massachusetts Department of Public Utilities; JOLETTE A.
WESTBROOK, in her official capacity as Commissioner of the
Massachusetts Department of Public Utilities; ROBERT HAYDEN, in
his official capacity as Commissioner of the Massachusetts
Department of Public Utilities; JUDITH JUDSON, in her official
capacity as Commissioner of the Massachusetts Department of
Energy Resourc

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Linda Jackson and Terry Jackson v. City of Baytown

This is a personal-injury case arising from a police pursuit. Appellants Linda
and Terry Jackson were injured when a suspect fleeing from a police car driven by
Baytown Police Officer Aaron Corrales crashed his pickup truck into their car. The
Jacksons sued Aaron Corrales, in his official capacity as an officer with the
Baytown Police Department, and the City of Baytown for neglige

More...   $0 (05-07-2015 - TX)

Ralph D. Armstrong v. Karen D. Daily

Plaintiff Ralph Armstrong was imprisoned for 29 years for the rape and murder of Charise Kamps—a crime that he maintains he did not commit. His conviction was set aside in 2005, and in 2009 a Wisconsin state judge dismissed the charges entirely because the prose-cution had destroyed key exculpatory evidence, rendering a fair trial impossible. Armstrong then brought this civil suit
2 Nos. 13-

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Vette Holdings, L.L.C. and Timber Crossing, L.P. v. Texas Workforce Commission and Angel Mendez

After the Texas Workforce Commission (the “Commission”) determined that Angel Mendez was entitled to unemployment benefits, appellants Vette Holdings, L.L.C. and Timber Crossing, L.P. appealed the decision to the County Court at Law No. 2. The Commission filed a plea to the jurisdiction, which the trial court granted. In a single issue, appellants challenge the trial court’s decision to gran

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EVERGREEN RECYCLE, L.L.C., Appellee/Cross-appellant, v. INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY, Appellant/Cross-appellee, v. ECK AGENCY, INC., Appellee/Cross-appellant,

Indiana Lumbermens Mutual Insurance Company (Lumbermens) appeals from the judgment awarded to Evergreen Pallet, L.L.C. and Evergreen Recycle, L.L.C. (Evergreen) in the amount of $231,000 based on Evergreen's claim that Lumbermens improperly failed to pay a claim for losses associated with a fire in a commercial mulch pile owned and maintained by Evergreen. On appeal, Lumbermens contends the distri

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Duskin L. Siruta v. Mellisa Siruta

1
IN THE SUPREME COURT OF THE STATE OF KANSAS
No. 105,698
DUSKIN L. SIRUTA, by and on behalf of the heirs at law of
TATE DILLON SIRUTA, Deceased,
Appellant/Cross-appellee,
v.
MELISSA SIRUTA,
Appellee/Cross-appellant.
SYLLABUS BY THE COURT
1.
A wrongful death action under K.S.A. 60-1901 et seq. can be brought against an alleged tortfeasor who is an heir a

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City of New Braunfels; Jan Kotylo, in her official capacity; Pat Clifton, in his official capacity; and Fritz Welsch, in his official capacity v. Joseph Tovar

This is an interlocutory appeal of an order denying a plea to the jurisdiction asserted
by a municipality and three official-capacity defendants.1 We will affirm the order.
The underlying dispute arises under the Civil Service Act, now codified in
Chapter 143 of the Local Government Code.2 The appellants, defendants below, are the City of
New Braunfels—one of the municipalities t

More...   $0 (05-07-2015 - es)

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