Immunity Law
 
The People v. Miguel Angel Guillen

On September 14, 2006, John Derek Chamberlain was arrested for possession of child pornography. Twenty-one days later, inmates in Theo Lacy Jail in the City of Orange (TLJ) beat Chamberlain to death because they believed he was a child molester. As waves of inmates hit, kicked, stomped, and did other abhorrent things to Chamberlain over the course of about 30 minutes, three Orange County Sheriffâ€

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The People v. Fred Lewis Weatherton

A jury convicted defendant Fred Lewis Weatherton of robbery, attempted murder, and two counts of first degree murder with special circumstances, then returned a verdict of death.1 Because juror misconduct during the guilt phase raises a substantial likelihood of actual bias, we reverse the judgment.
I. FACTS
In light of our conclusion, we summarize the relevant facts.
On the afternoon

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State of Florida v. Clifford Friend

The State of Florida charged Clifford Friend, age 58, with first-degree murder in conjunction with the disappearance of his ex-wife 20 years ago. Alan Gold, who received immunity from prosecution, testified that he and Friend dumped Lynn Friend's body into the Atlantic. He claimed that Friend told him he had choked Lynn Friend to death during an argument.

Defendant's attorney asserted th

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Mickey Lee Dilts v. Penske Logistics, LLC

Plaintiffs, a certified class of drivers employed by
Defendants Penske Logistics, LLC, and Penske Truck
Leasing Co., L.P., appeal from a judgment dismissing their
claims under California’s meal and rest break laws. The
district court held on summary judgment that the Federal
Aviation Administration Authorization Act of 1994
(“FAAAA”) preempts those state laws as appli

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Beau David Price v. Texas Alcoholic Beverage Commission, Alan Steen, Joel Moreno, Rod Venner, and Andy Pena

Beau David Price sued his former employer, the Texas Alcoholic Beverage Commission (“TABC”) and several officials, Alan Steen, Joel Moreno, Rod Venner, and Andy Pena (collectively “Appellees”), alleging that his termination
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violated his constitutional rights of equal protection, free speech, and due course of law. The trial court granted Appellees’ plea to the jurisdiction, and

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Hannah Fuqua v. Alpine School District

¶1 Hannah Fuqua appeals the district court’s December 10,
2013 order granting Alpine School District’s motion for summary
judgment. Fuqua argues that the district court erred in determining
that her action was barred by the applicable statute of limitations.
This matter is before the court on Alpine’s motion for summary
disposition on the basis that the grounds for revie

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Leonard Avila v. Los Angeles Police Department

Leonard Avila, a police officer, periodically worked
through his lunch break but did not claim overtime.
According to his commanding officer, Avila was a model
officer. The Los Angeles Police Department (LAPD),
however, deemed Avila insubordinate for not claiming
overtime and fired him.
AVILA V. LAPD 5
Not coincidentally, that termination occurred only after
Avila h

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The Alabama-Coushatta Tribe of Texas v. United States of America

The Alabama-Coushatta Tribe of Texas brought suit against the United States and various federal agencies alleging inter alia violations of the Administrative Procedures Act and federal common law. The district court granted the Government’s motion to dismiss for lack of subject matter jurisdiction. Because we hold that the Tribe has failed to allege “agency action” sufficient to meet the sta

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Wade S. Winegar v. Springville City

¶1 Wade S. Winegar and Sandra Winegar appeal from the district court’s grant of summary judgment to Springville City (the City). The Winegars contend that summary judgment was improper because the City failed to demonstrate that the Winegars’ lawsuit was untimely under the Utah Governmental Immunity Act. We vacate the entry of summary judgment and remand to the district court.
Winegar v.

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Jim Nebeker v. Summit County

¶1 Summit County (the County) appeals the entry of judgment in favor of Jim Nebeker on Nebeker’s negligence claim. Nebeker cross-appeals, contending that the court improperly imposed a statutory cap to reduce the judgment from $594,400.21 to $221,400. We affirm.
BACKGROUND
¶2 John Rhineer was Nebeker’s accountant prior to Rhineer’s death on November 14, 2003. Later that year, Wells

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Shelby Winkler v. Robert Lemieux, State of Utah and Department of Transportation

¶1 Shelby Winkler alleges that she was injured in a vehicle collision that occurred after an employee of the Utah Department of Transportation negligently allowed two cars travelling in opposite directions to use the same lane through a construction zone. Winkler, the driver of one of the cars, brought suit against the Utah Department of Transportation, the State of
Winkler v. Lemieux
201

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State of Utah v. Raymond L. Bedell

¶ 1 The State challenges the Utah Court of Appeals‘ reversal of defendant Dr. Raymond Bedell‘s conviction of misdemeanor sexual battery. The State asserts that a panel majority of the court of appeals erred when it reversed Dr. Bedell‘s conviction on the basis of ineffective assistance of counsel and plain error on the
* The court is remanding to the Court of Appeals to address an addit

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Dana D. Colvin v. Joseph Giguere

¶ 1 While returning to Utah from a work project in Maryland, Kelly Colvin was killed in an automobile accident. Joseph Giguere, Colvin’s coworker, was driving the vehicle in which Colvin was a passenger when the accident occurred. Colvin’s widow and son brought this action against Giguere, arguing that Giguere’s negligence caused the accident. The district court granted summary judgment in

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Mike Jabary v. City of Allen and John Does 1-5

Mike Jabary appeals the trial court’s summary judgment in favor of the City of Allen on its plea to the jurisdiction. In five issues, Jabary contends the trial court erred by granting summary judgment because the City did not tell Jabary he had a right to appeal or had to exhaust his administrative remedies, the trial court should have granted additional time for discovery, and fact issues precl

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Paula Collins v. City of Houston, Texas

Paula Collins appeals the trial court’s order granting a plea to the jurisdiction and dismissing her personal injury suit against the City of Houston. In six issues on appeal, Collins contends that the trial court erred in dismissing her case because the City cannot invoke a viable basis for immunity. We reverse and remand.

BACKGROUND

Officers James Brown and Christopher McCain of

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Miccosukee Tribe of Indians of South Florida, etc. v. Carlos Bermudez, et al.

The Miccosukee Tribe of Indians of South Florida appeals from a final judgment of $4.1 million. We reverse.

FACTS AND PROCEDURAL HISTORY

This matter began when Carlos Bermudez sued two members of the Tribe, Tammy Gwen Billie and Jimmie Bert, for damages resulting from a tragic automobile accident in which a car driven by Billie and owned by Bert crashed into Bermudez’s car, killing

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The University of Houston v. John Casey

This is an accelerated appeal from the trial court’s denial of the University of Houston’s plea to the jurisdiction. The University argues that the trial court erred in denying the plea because appellee John Casey did not satisfy the jurisdictional prerequisites to suit under the Texas Whistleblower Act, TEX. GOV’T CODE ANN.

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§ 554.002 (West 2012). We conclude that Casey fail

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The People v. Christopher Jamees Sattiewhite

A jury convicted defendant Christopher James Sattiewhite of the rape (Pen. Code, § 261),1 kidnapping (§ 207), and murder (§ 187) of Genoveva Gonzales. The jury found true the special circumstance allegations that the murder occurred during the commission of the rape and kidnapping (§ 190.2, subd. (a)(17)(B), (C)), and it found that defendant personally used a firearm during the commission of t

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Jesus Rodriguez Sandoval v. Las Vegas Metropolitan Police Department

This appeal arises out of the events of October 24, 2009, when the Las Vegas police, on the lookout for two white males, mistook a teenaged boy and his friends, all Hispanic, for intruders in the boy’s own home. In the course of the afternoon, police pointed guns at the boys, entered the home without a warrant, handcuffed and detained the boys and others, and shot and killed the family dog. The

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Anthony Hildebrand v. Allegheny County

This appeal presents three issues on which we have not previously ruled in a precedential opinion. First, whether an employee terminated from a local government position may maintain an action for age discrimination under 42 U.S.C. § 1983. Second, whether the pleading of exhaustion of administrative remedies, a prerequisite to bringing a lawsuit under the Age Discrimination in Employment Act (“

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Anthony Stonecipher v. Special Agent Carlos Valles

Anthony and Melissa Stonecipher became targets of an investigation into their purchases and sales of firearms and explosives. During the investigation, federal officers discovered that Mr. Stonecipher had pleaded guilty in 2007 to a misdemeanor crime of domestic violence in Missouri. One of the officers, Carlos Valles, concluded Mr. Stonecipher had violated federal law, which makes it illegal for

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The Arc of California v. Toby Douglas

This case concerns California’s generous program of home- and community-based care for developmentally disabled residents. To fund its program, California relies in large part on federal money provided under the Medicaid Act (“the Act”), 42 U.S.C. §§ 1396–1396w-5. California has reduced the funding for this program, as it has for other Medicaid-funded programs at various times, and, as i

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Jamie T. Dubbelde v. State of Wyoming

[¶1] Jamie T. Dubbelde challenges the administrative ninety day suspension of his
driver’s license and his one year disqualification from driving a commercial vehicle. The
focus of his appeal is the delay that occurred between his arrest for driving under the
influence of alcohol in April 2011 and the Wyoming Department of Transportation’s
(WYDOT) August 2012 notification of t

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Timothy S. Tarver and Carole A. Tarver v. City of Sheridan Board of Adjustments, Robert L. Bernard and Beverly D. Bernard

[¶1] Timothy S. and Carole A. Tarver appeal from the district court’s order affirming
the City of Sheridan Board of Adjustments’ (Board)1 approval of Robert L. and Beverly
D. Bernards’ request for a special exemption to operate a bed and breakfast in an area
zoned residential. The Tarvers claim the Bernards’ application was barred by res
judicata, the Board was without aut

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Holly Stroth, Personal Representative of the Wrongful Death Estate of Gary Carl Stroth v. North Lincoln County Hospital District, d/b/a Star Valley Medical Center

[¶1] This case involves a claim arising under the Wyoming Governmental Claims Act
(WGCA), Wyo. Stat. Ann. §§ 1-39-101 through -121 (LexisNexis 2009). Appellant,
Holly Stroth, as personal representative of the estate of the decedent, Gary Carl Stroth,
filed a wrongful death action against the North Lincoln County Hospital District (d/b/a
Star Valley Medical Center), the Town of T

More...   $0 (06-23-2014 - WY)

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