Immunity Law
 
The People v. Stanley Bryant, Donald Franklin Smith and Leroy Wheeler

On August 28, 1988, Andre Armstrong, James Brown, Loretha Anderson, and Chemise English were shot and killed. Armstrong and Brown had run afoul of the Bryant Family gang and were shot at the entrance to a drug house. Ms. Anderson and her daughter Chemise, aged 28 months, were shot in a car parked at the curb. Anderson‘s son Carlos, aged 18 months, was also in the car. He was not shot and survive

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The People v. Michael Lofchie

The issue presented in this case is whether a University of California1 faculty member may be criminally prosecuted under Government Code section 10902 for participating in a decision to hire his wife as a program assistant for a four-week summer study abroad course. We conclude that he may not, and for reasons we discuss affirm the trial court’s order dismissing the information under Penal Code

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Alberto Daniel Saucedo Suarez v. City of Corona

Alberto Daniel Saucedo Suarez and his attorneys, Allan F. Davis and the law firm of Robinson Calcagnie Robinson Shapiro Davis, Inc. (together, the Attorneys and with Suarez, Appellants), appeal from the trial court's award of attorney fees and costs to the City of Corona (the City) under Code of Civil Procedure section 1038 (section 1038). (Undesignated statutory references are to this code.) Appe

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The People v. David Allen Lucas

A jury found defendant David Allen Lucas guilty of the first degree murders of Suzanne Jacobs, Colin Jacobs, and Anne Swanke (Pen. Code, §§ 187, subd. (a), 189),1 the attempted murder of Jodie Santiago Robertson (§§ 187, 664), and the kidnappings of Swanke and Robertson (§ 207, subd. (a)). The jury also found that he personally used a knife during each crime (§ 12022, subd. (b)) and inflicte

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Luis A. Santiago and Linda A. Santiago v. Mackie Wolf Zientz & Mann, P.C.

Luis and Linda Santiago sued several entities involved in their home equity loan and the law firm of Mackie Wolf Zientz and Mann, P.C. (Mackie Wolf). After the trial court granted summary judgment in favor of Mackie Wolf on all of the Santiago’s claims, the trial court granted Mackie Wolf’s motion to sever. In two issues, appellants contend the trial court erred in granting Mackie Wolf’s mot

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Denise Pleasant v. United States of America

In this Federal Tort Claims Act (“FTCA”) case, Plaintiffs-Appellants Denise Pleasant, Larvardis Whitman, and Chassiti Williams appeal the dismissal of their complaint against the Veterans Administration (“VA”). In their complaint, the plaintiffs assert wrongful-death and survival causes of action available under Louisiana law. The decedent, Nathan Chaney, died on May 13, 2006, in the emerg

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Thomas R. Okrie v. State of Michigan

Plaintiff, Thomas R. Okrie, commenced this original action petition to challenge the
constitutionality of 2013 Public Act 164 (PA 164).1 Plaintiff objects to the transfer of the Court
of Claims from the Ingham Circuit Court (the Thirtieth Circuit Court), where it has been housed
since 1978, to this Court, where appeals from the Court of Claims are also heard. Plaintiff
challenges t

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Eric Wood v. Mercedes-Benz of Oklahoma City

¶1 Erica Wood was employed by Ned's Catering, Inc. On March 8, 2008, Wood reported to Mercedes-Benz of Oklahoma City to assist with a catered event at the car dealer's facility. Upon arriving at the dealership, Wood drove around the parking lot searching for a place to park her vehicle. Wood noticed ice on the grass, pavement, and sidewalks surrounding the Mercedes-Benz facility. Wood testified i

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Randall Roy Mallory v. Brigham Young University

¶1 This case concerns the interpretation and application of the
term “Employee” in Utah’s Governmental Immunity Act (Act).
See UTAH CODE §§ 63G-7-101 to -904. Under the Act, plaintiffs who
have a claim against a governmental employee for acts committed
during the performance of the employee’s duties must file a notice
of claim within one year after the claim arises,

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The People v. Richard Tom

On a clear evening in February 2007, defendant Richard Tom broadsided at high speed a vehicle driven by Loraine Wong, who was making a left turn from Santa Clara Avenue onto Woodside Road in Redwood City. Wong‘s younger daughter, Sydney Ng, eight, was killed; her older daughter, Kendall Ng, 10, sustained serious injuries. The evidence at trial showed that defendant did not brake prior to the cra

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Leif James Putnam v. Mary F. Iverson and Gregory W. Abbott

Appellant Leif James Putnam appeals the grant of the appellees’ plea to the jurisdiction and the dismissal of his claims with prejudice. Because Putnam’s claims against appellees Mary Iverson and Attorney General Gregory W. Abbott in their official capacities1 are either moot or precluded by sovereign immunity, we
1 Appellee Iverson was sued in her official capacity as an “Authorized Age

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Christopher L. Gay and Steven L. Carroll v. The City of Wichita Falls, Texas

Christopher L. Gay and Steven L. Carroll challenge the trial court’s order granting the City of Wichita Falls’ plea to the jurisdiction based on governmental immunity. The underlying controversy arises from the denial of Gay’s and Carroll’s claims for long-term disability benefits under insurance provided to them by their former employer, the City of Wichita Falls. Because we conclude that

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Alicia Foust v. Don E. Hefner, CPA

Alicia Foust (Foust) appeals from a judgment awarding Don E. Hefner (Hefner) sanctions against her. After terminating her employment with Hefner, Foust sued him for defamation, business disparagement, and the recovery of unpaid overtime. Before trial, Hefner moved the trial court to award him sanctions.1 The suit was tried by the
1 Hefner asserted in his motion that “[b]oth pleadings have a

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KIPP, Inc. v. Kimberly Whitehead

In this interlocutory appeal,1 appellant, KIPP, Inc. (“KIPP”), challenges the trial court’s order denying its plea to the jurisdiction2 on the claims brought against
1 See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (Vernon Supp. 2013) (permitting governmental unit to appeal order denying plea to jurisdiction).
2
it by appellee, Kimberly Whitehead, for employment discriminat

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Renato Acain, et al. v. International Plant Services, LLC, et al.

Fifty-seven Filipino former employees of International Plant Services, LLC (IPS), a Texas company, sued IPS, MBC Human Resources Development Corporation (the Filipino agency that recruited them to work for IPS in Texas), and various individual defendants who owned or worked for IPS and MBC, alleging that they had been subjected to human trafficking by the defendants, and asserting various tort and

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Michael Dowell v. Lincoln County, Missouri

Michael Dowell filed this 42 U.S.C. § 1983 action against Lincoln County, the
county detective, and four police officers (collectively “Defendants”) for their actions
while investigating and prosecuting Dowell for the rape and murder of Stephanie
Hogland. The district court1 granted partial summary judgment for Defendants, and
Dowell dismissed the surviving claim to pursue thi

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Michael Seiser v. City of Chicago and Debra Kirby

Chicago police officer Michael Seiser
was arrested and subjected to a breathalyzer examination after
several witnesses reported seeing him drinking from an
alcoholic beverage container while driving his personal vehicle.
After the breathalyzer detected no alcohol in his bloodstream,
he was cited for driving a motor vehicle with an open container
of alcohol in the passenger

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Charles and Virginia Barnes v. The District Board of Trustees of St. Johns River State College, Florida

A state college’s stormwater management system is the focus of this dispute. Charles and Virginia Barnes sued the District Board of Trustees of St. Johns River
State College for damages to their property from water alleged to have overflown from a retention pond on the District’s campus. The trial court ruled the District was entitled to immunity under section 373.443, Florida Statutes. We

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Carlos Chacon v. Officer Eric Copeland; Officer Russell Rose

Officers Eric Copeland and Russell Rose sought summary judgment on the basis of qualified immunity in an action brought by Carlos Chacon under 42 U.S.C. § 1983. Chacon’s suit alleges that Officers Copeland and Rose used excessive force in arresting him. The district court denied the officers’ motion for summary judgment. Officers Copeland and Rose filed an interlocutory appeal. We AFFIRM.

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United States of America v. David Brown; Dr. William Campbell

In this False Claims Act (“FCA”) qui tam suit, relators Drs. Dakshesh Parikh, Harish Chandna, and Ajay Gaalla (collectively, the “Relators”) sued Citizens Medical Center (“CMC”), David Brown (“Brown”), and Dr. William Campbell, Jr. (“Campbell”). Brown and Campbell (collectively, “Appellants”) moved to dismiss the complaint based upon qualified immunity, and the district cou

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Dallas County Hospital District v. Laura Constantino

Dallas County Hospital District d/b/a Parkland Health and Hospital System appeals that part of the trial court’s interlocutory order denying its plea to the jurisdiction in Laura Constantino’s suit for personal injuries. We reverse and remand.
Background
Constantino sued Parkland after sustaining injuries to her arm and shoulder when a television set fell on her while visiting a Parkla

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The University of Texas at Austin v. John Sampson

Appellee John Sampson brought suit against the University of Texas at Austin
pursuant to the Texas Tort Claims Act (TCA) seeking damages for personal injuries he sustained on
the University’s campus. See Tex. Civ. Prac. & Rem. Code §§ 101.001–.109. In this interlocutory
appeal, the University challenges the trial court’s order denying its plea to the jurisdiction, motion
to

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Denise McGrath v. Richard T. Tavares, et al.

This appeal stems from the
tragic deadly shooting of a sixteen-year-old boy named Anthony
McGrath ("Anthony") by a Plymouth police officer. Following the
untimely death of her son, Denise McGrath ("McGrath") filed a 42
U.S.C. § 1983 action, alleging the police officers involved had
used excessive force in violation of the Fourth and Fourteenth
Amendments. The two named pol

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United States of America v. Dennis Liriano

Appellant Dennis Liriano was
convicted of conspiracy to possess with intent to distribute a
controlled substance, in violation of 21 U.S.C. § 846. After
denying Liriano's post-trial motions, the district court sentenced
him to eighty-four months of incarceration. Liriano argues on
appeal that the evidence at trial was legally insufficient to
support the conviction and that

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United States of America v. Peter Dirosa

Peter DiRosa was sentenced to
57 months in prison after a jury found him guilty of one count of
wire fraud. The charge resulted from a transaction in which DiRosa
and an associate, Thomas Renison, convinced then-75-year-old Frank
Jablonski to invest $600,000 in an elaborate scheme surrounding a
real estate development project in Polgardi, Hungary. On appeal,
DiRosa challeng

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