Immunity Law
 
Pamela Gillie v. Law Office of Eric A. Jones, L.L.C.

Plaintiffs Pamela Gillie and Hazel Meadows appeal the district
court order entering summary judgment in favor of Defendants Eric A. Jones; the Law Office of
Eric A. Jones, LLC (“Jones Law Office”); Mark J. Sheriff; Sarah Sheriff; and Wiles, Boyle,
Burkholder & Bringardner Co., LPA (“Wiles Law Firm”). Plaintiffs brought this action under
the Fair Debt Collection Practices Ac

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The People v. Jose Vega-Robles

A jury convicted Jose Vega-Robles of conspiracy to sell controlled substances,
attempted robbery, and two first degree murders, and found true gang and firearm
enhancements. In People v. Chiu (2014) 59 Cal.4th 155 (Chiu) our Supreme Court held
“an aider and abettor may not be convicted of first degree premeditated murder under the
natural and probable consequences doctrine.” (I

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Estate of Ronald E. Johnson v. Douglas Weber, et al.

The Estate of Ronald E. Johnson and Lynette K. Johnson (collectively,
"Johnson") commenced this 42 U.S.C. § 1983 complaint alleging violations of the
constitutional and state law rights of the deceased Ronald Johnson. The district
court granted summary judgment to defendants. 1 Johnson filed the instant appeal,
arguing summary judgment was improper. We affirm.
I
Pursuant t

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Keith Crabbs v. Zach Scott

Keith Crabbs sued the Franklin County Sheriff under the Fourth (and Fourteenth) Amendment for requiring him to submit to a DNA cheek swab after a jury acquitted him of voluntary manslaughter. The sheriff responded that Ohio’s sovereign
>immunity insulated him from the lawsuit because state law required him to take the sample.
That is not quite true. In 2010, Ohio law required criminal de

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Melanie M. v. Kerry T. Winterer

Melanie M. requested an administrative hearing after the Department of Health and Human Services (Department) informed her that it was going to change her benefits under the Supplemental Nutrition Assistance Program (SNAP). The Department informed Melanie—a resident of North Platte, Nebraska—that it would hold the hearing in Lincoln, Nebraska. Melanie could participate telephonically at the De

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JOHN KLEAS CO., INC. v. MICHAEL PROKOP, DAVID A. CARP AND HERZOG & CARP, P.C.

Appellant John Kleas Co., Inc. (“Kleas”) challenges the trial court’s summary
judgment and its award of attorney’s fees as sanctions in favor of appellees, Michael
Prokop, David A. Carp, and Herzog & Carp, P.C. By five issues, Kleas contends that: (1)
the trial court erred by denying its motion to continue a hearing on appellees’ summary
2
judgment motions; (2) Kleas

More...   $0 (04-02-2015 - TX)

Lisa Karl v. Brazos River Authority

Lisa Karl brought a premises liability action against the Brazos River
Authority (Authority). The Authority is a conservation and reclamation district
created by statute that is a “river authority, a governmental agency, a municipality,
and a body politic and corporate.” TEX. SPEC. DIST. CODE ANN. § 8502.001(a)
(West Pamph. 2014). The Authority filed a plea to the jurisdiction

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Chris Davis v. Motiva Enterprises, LLC

Chris Davis sued (1) Chris Fournet for invasion of privacy by public disclosure of private facts and by intrusion on seclusion, libel, and intentional infliction of emotional distress; and (2) Motiva Enterprises, L.L.C. for negligent supervision, negligent entrustment, and negligent undertaking.1 Motiva filed a motion to dismiss based on the Communications Decency Act (“CDA”), which the trial

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Tyler Turner v. State of Oregon

Judgment in favor of the State of Oregon and City of
Depoe Bay reversed and remanded; otherwise affirmed.
As plaintiff was travelling north on State Highway 101 in the City of Depoe
Bay, his motorcycle collided with defendant Colip’s automobile, which had
entered the highway from the east on a road owned by Lincoln County. Plaintiff
was severely injured in the accident and, m

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Marsha Jerry and Jason Chambers v. Texas Department of Transportation

This is an appeal of an order granting the Texas Department of Transportation’s (TxDOT) motion filed pursuant to rule 91a of the Texas Rules of Civil Procedure. In five issues, Marsha, Jerry, and Jason Chambers argue the trial court erred by granting the motion to dismiss and by dismissing their petition for a bill of review. We affirm the trial court’s order.
BACKGROUND
This Court pre

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United Food & Commerciall Workers Union Local 1000 v. Texoma Area Paratransit Systems, Inc.

United Food & Commercial Workers Union Local 1000 (the Union) appeals the trial
court’s summary judgment awarding Texoma Area Paratransit Systems, Inc. (TAPS) declaratory
relief and attorney’s fees. In four issues, the Union argues the trial court’s “final judgment” was
signed after the court’s plenary power expired; the trial court lacked subject matter jurisdiction
an

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Angela Britton v. Thomas V. Girardi

Plaintiffs Angela Britton and others appeal judgment after the trial court sustained the demurrer of defendants to plaintiffs’ second amended complaint (SAC) for damages based upon defendants’ alleged failure to obtain their informed consent to an aggregate settlement, and defendants’ misappropriation of and failure to account for the settlement funds. Plaintiffs were represented by defendan

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Michael E. Siluk, Jr. v. Catherine Merwin

We are asked to interpret provisions of the Prison Litigation Reform Act (“PLRA”) requiring federal prisons to withdraw certain amounts from prisoner trust accounts to pay
1 The attorneys for the appellant are appearing pro bono following a prior order granting appellant’s motion to proceed in forma pauperis. The judges of this court express our gratitude to those attorneys for accepting

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United States of America v. José Avilés-Vega

This case presents an unusual twist
on the not uncommon question of whether to suppress the results of
a search based on information of a firearms sighting provided by an
individual unknown to the police who provides no self-identifying
information.
Acting on information provided by an anonymous caller,
police officers frisked José Avilés-Vega after ordering him to get

More...   $0 (04-13-2015 - PR)

Mary J. McCready v. William F. Whorf

Sometimes it's not over when it's over. A bankruptcy extinguished defendant debtor's liability on a judgment in favor of plaintiff. But here it did not extinguish plaintiff's lien on the bankrupt's business from which plaintiff was entitled to the assets and profits of the business.
Shortly before his death, plaintiff's husband sold a business to defendant. Defendant defaulted on the purchase

More...   $0 (03-24-2015 - CA)

State of Oregon v. Paul A. Spieler

Defendant, who was convicted after a jury trial of
two counts of first-degree sexual abuse, ORS 163.427, and
one count of second-degree sodomy, ORS 163.395, appeals.
He asserts that the trial court erred in denying his motion
to suppress evidence, and in denying his motion for a mistrial
made during the prosecutor’s closing argument. He
also argues that nonunanimous jury

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Scott P. Russell v. Southeast Housing, LLC

Scott P. Russell, as Property Appraiser of Monroe County, Florida, appeals a
judgment holding that certain properties were not subject to ad valorem taxes for
the years 2008 through 2013. The properties are five military housing complexes
serving the Naval Air Station at Key West. The housing complexes are being
improved and operated pursuant to a public-private partnership between

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B.W.D. v. James W. Turnage and Forensic DNA & Drug Testing Services, Inc.

Appellant B.W.D. appeals from a summary judgment granted in favor of appellees James W. Turnage and Forensic DNA and Drug Testing Services, Inc. In four issues, appellant argues (1) that appellees were not entitled to derived judicial immunity as a matter of law; (2) they went beyond the scope of the agreed order that modified the divorce decree; (3) they did not prove their entitlement to summary

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The People v. Juan Jose Rebulluza

Defendant Juan Jose Rebulloza pleaded no contest to one count of indecent exposure for exposing himself on a street corner in San José. The trial court granted a three-year term of probation to include one year in county jail as a condition of probation. Among other conditions, the court ordered defendant to complete a sex offender management program as mandated by Penal Code section 1203.067. Un

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Michael Scott Toney v. Rissie Owens, et al.

Plaintiff-Appellant Michael Toney, a Texas inmate proceeding pro se, brought this action alleging Section 1983 claims and state law claims against Appellees, various prison officials. Toney contends that Appellees violated his right to procedural due process by classifying him as a sex offender. The district court granted Appellees’ motion for summary judgment and denied Toney’s motion for sum

More...   $0 (02-26-2015 - TX)

Charles N. Draper v. Greg Guernsey, in his Capacity as Director of Planning and Development Watershed Protection Review Department; and City of Austin

In a land-use dispute, Charles N. Draper, pro se, sued the City of Austin and one of
its employees, Greg Guernsey, “in [Guernsey’s] capacity as Director of Planning and Development
Watershed Protection Review Department.”1 The City and Guernsey filed a motion to dismiss all
claims against him, invoking subsections (a) and (e) of the Tort Claims Act’s election-of-remedies
pr

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Adrian Tijerina v. Texas Property Casualty Insurance Guaranty Association as Receiver for SIR Lloyd's Insurance Company and the Texas Department of Insurance, Division of Workers' Compensation

Adrian Tijerina appeals from the trial court’s order granting pleas to the jurisdiction
filed by Texas Property Casualty Insurance Guaranty Association as Receiver for SIR Lloyd’s
Insurance Company (the Association) and the Texas Department of Insurance, Division of Workers’
Compensation (the Division), and dismissing his case for lack of jurisdiction. In two issues, Tijerina

More...   $0 (02-26-2015 - TX)

Melissa McCullough v. Kelly Kubiak

The plaintiffs appeal from the circuit court’s order dismissing with prejudice their actions for defamation, negligent supervision, and negligent retention, and granting the defendants’ motion for sanctions under section 57.105, Florida Statutes (2013). The plaintiffs argue that the court primarily erred in three respects: (1) finding that the absolute privilege extending to statements publish

More...   $0 (02-18-2015 - FL)

Abby Tiscareno v. Lori Frasier

In November 2003, a child (N.M.) experienced a severe brain injury
that left him permanently disabled. Ms. Abby Tiscareno, N.M.’s daycare
provider at the time, was blamed for this injury and prosecuted for child
abuse. But after two trials, Ms. Tiscareno was acquitted.
Ms. Tiscareno and her husband, Mr. Gillermo Tiscareno, have
invoked 42 U.S.C. § 1983 against two of the def

More...   $0 (02-23-2015 - UT)

Calvo Fisher & Jacob, L.L.P. v. David J. Lujan

This is the third in a series of appeals filed by appellant David Lujan in this case, the general background of which was described in our introduction in the earlier opinion: “A prominent Guam attorney [Lujan] was sued in two lawsuits in Hawaii, followed by a third lawsuit in California, the last of which, were it to succeed, could have cost the attorney millions of dollars, loss of his reputat

More...   $0 (02-19-2015 - CA)

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