Immunity Law
 
Dallas County v. Roy Logan

This is an interlocutory appeal pursuant to section 51.014(a)(8) of the Texas Civil Practice and Remedies Code. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West Supp. 2013). Appellant Dallas County asserts a single issue challenging the trial court’s denial of its plea to the jurisdiction in a suit brought by appellee Roy Logan under the Texas Whistleblower Act. See TEX. GOV’T CODE A

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Mustapha Hassan Younes v. Officer Christopher Pellerito

Plaintiff Mustafa Younes brought this civil rights action under 42 U.S.C. § 1983 alleging violations of his constitutional rights and raising Michigan state law claims. The alleged violations occurred during his arrest by defendants Officer Timothy Ciochon, Officer Christopher Pellerito, and Sergeant Joanne

1

No. 13-1103 Younes v. Pellerito, et al. Page 2

Beedle-Peer (collect

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United States ex rel. Kurt Bunk v. Gosselin World Wide Moving, N.V.

These appeals and cross-appeal are taken from final judgments, entered in accordance with Federal Rule of Civil Procedure 54(b), in a pair of qui tam actions consolidated for litigation in the Eastern District of Virginia. By its Order of February 14, 2012, the district court: (1) assessed a single civil penalty in the sum of $5,500 in favor of the United States, intervening in substitution of rel

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Jeremy C. Myers v. Brain Koopman

Jeremy Myers challenges the district court’s dismissal of his § 1983 maliciousprosecution claim alleging violations of his Fourth and Fourteenth Amendment rights. In his complaint, he asserted that Detective Brian Koopman obtained an arrest warrant by fabricating facts to create the illusion of probable cause. As a result, Myers spent three days in custody.

Exercising jurisdiction under

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PAMELA SUE HOOK vs. TITO TREVINO, Individually, and TITO TREVINO d/b/a TREVINO LAW OFFICES

This legal malpractice action presents three questions of first impression. In Hook v. Lippolt, we held the defendants in plaintiff Pamela Hook’s personal injury action—the State of Iowa and a volunteer driver for the Iowa Department of Human Services—were entitled to summary judgment under the statute of limitations and volunteer-immunity provisions of the Iowa Tort Claims Act, respectively

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Larry D. Schaefer v. Dale L. Putnam

In this appeal, we are asked to interpret Iowa Code section 654A.6(1) (2009) when a farm creditor, after being sued regarding the validity of its mortgages, brought a counterclaim to foreclose the mortgages without first obtaining a mediation release. Larry and Elaine Schaefer filed suit against their sons, their former attorney, Dale Putnam, a limited liability company, SMP, L.L.C. (SMP), and oth

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Scott M. Matusick v. Erie County Water Authority

Plaintiff Scott Matusick, who is white, was employed by the Erie
County Water Authority (ʺECWAʺ) during 2004 when, he claims, he was
assaulted, harassed, and ultimately terminated from his employment because of
a romantic relationship he had with an African‐American woman, Anita Starks ‐‐
now Anita Starks‐Matusick. Starks and Matusick met in 2003 but, according to
her

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United States of America v. Harold R. Wells

A grand jury charged Harold Wells and two others, all three officers of the Tulsa Police Department, with multiple offenses relating to the performance of their official duties. Following trial, a jury convicted Wells on two counts of violating federal drug laws and two counts of theft of government funds.1 The other two defendants were acquitted on all counts. On appeal, Wells raises the followin

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Melisssa Waddoups v. Barry A. Noorda, M.D.

¶ 1 The Federal District Court for the District of Utah has certified the following question to this court: Does section 78B-3-425 of the Utah Code clarify existing law and therefore retroactively apply to bar negligent credentialing claims that arose prior to its enactment?

WADDOUPS v. NOORDA

Opinion of the Court

2

Utah Code section 78B-3-425 reads: Prohibition on cau

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Alexander Kerr v. City of Salt Lake

¶1 Alexander Kerr injured himself when he tripped on a sidewalk defect in Salt Lake City. He sued the city and obtained a judgment in his favor. Salt Lake City now appeals, alleging: (1) the city is entitled to discretionary function immunity, (2) Mr. Kerr did not present evidence that the city had adequate notice of the sidewalk defect during summary judgment proceedings or at trial, and (3) the

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The Estate of Andrea Yvonne Arrington v. John Michael, Police Officer, City of Chester

In this substantive due process action involving the murder of a young woman, Officer John Michael of the Chester, Pennsylvania, police force appeals the denial of summary judgment by the United States District Court for the

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*Honorable Kermit V. Lipez, United States Court of Appeals Senior Judge for the First Circuit, sitting by designation.

3

Eastern Di

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Jose Luis Pena v. County of Starr

Jose Luis Pena appeals from a summary judgment granted in favor of his former employer, Starr County, on Pena’s claims for retaliatory discharge, discrimination, and violation of the Family Medical Leave Act. We affirm in part, and reverse and remand in part.

BACKGROUND

Pena was hired as an animal control officer by Starr County on September 20, 2000. On September 12, 2005, Pena wa

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Wild Horse Observers Association, Inc. v. Sally Jewell

The Wild Horse Observers Association (WHOA), appeals the district court’s dismissal of its petition for injunctive relief and a declaratory judgment against the United States Department of the Interior and the United States Bureau of Land Management (collectively, the “BLM”), and New Mexico resident, Al Baca, who owns land adjacent to federal land. The district court dismissed WHOA’s suit

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Spero Panagoulakos v. Patricia Yazzie

Defendant Officer Patricia Yazzie appeals the district court’s denial of qualified immunity in this § 1983 action alleging wrongful arrest and imprisonment (Count I) and illegal seizure of property (Count II). This is an interlocutory appeal following the district court’s ruling in an action brought by Spero Panagoulakos pursuant to 42 U.S.C. §§ 1983 and 1988, and 28 U.S.C. § 1343. The “

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Jeremy C. Myers v. Brian Koopman

Jeremy Myers challenges the district court’s dismissal of his § 1983 maliciousprosecution claim alleging violations of his Fourth and Fourteenth Amendment rights. In his complaint, he asserted that Detective Brian Koopman obtained an arrest warrant by fabricating facts to create the illusion of probable cause. As a result, Myers spent three days in custody.

Exercising jurisdiction under

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Paul Tibbetts v. Sight 'N Sound Appliance Center, Inc.

¶ 1 We decide here if the trial judge erred in awarding $375,000.00 in attorney fees to plaintiffs/appellees in their class action suit brought against defendant/appellant, Sight `n Sound Appliance Centers, Inc., d/b/a Sight `n Sound & Cost Warehouse under the Oklahoma Consumer Protection Act (OCPA), 15 O.S.1991, § 751 et seq., as amended.1 We hold the trial judge erred, and the Court of Civil

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Derek Kitchen v. Gary R. Herbert

The Plaintiffs in this lawsuit are three gay and lesbian couples who wish to marry, but are currently unable to do so because the Utah Constitution prohibits same-sex marriage. The Plaintiffs argue that this prohibition infringes their rights to due process and equal protection under the Fourteenth Amendment of the United States Constitution. The State of Utah defends its laws and maintains that a

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Teuscher v. Gragg

¶1 This is an action by Walter S. Gragg, plaintiff below, defendant in error, against Estella Teuscher and Frank Teuscher, defendants below, plaintiffs in error, in the district court of Logan county, Okla., wherein plaintiff prays the court, sitting as a court of equity, to decree and establish against the principal defendant, Estella Teuscher, and her husband, Frank Teuscher, a constructive tru

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State of Michigan v. The Sault Ste. Mari Tribe of Chippewa Indiana

Judge. The State of Michigan sued to enjoin the Sault Ste. Marie Tribe of Chippewa Indians from applying to have land taken into trust by the Secretary of the Interior pursuant to the Michigan Indian Land Claims Settlement Act (MILCSA). The Tribe bought land from the City of Lansing, Michigan for the purpose of building a class III gaming facility. To purchase the property, the Tribe used funds ap

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Janice PRESSON, Appellant, v. KAY COUNTY BOARD OF COMMISSIONERS, Appellee.

¶1 Appellant brought action below against the Kay County Board of Commissioners (Appellee) alleging she was illegally discharged in retaliation for having pursued a workers' compensation claim. The trial court granted summary judgment in favor of Appellee on the grounds that it was immune from liability pursuant to the doctrine of governmental immunity. This appeal results.

¶2 Appellant w

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GEORGE AND HAZEL LASITER, APPELLANTS, v. CITY OF MOORE, APPELLEE, and KENTUCKY FRIED CHICKEN; LONG JOHN SILVER'S SEAFOOD SHOPPE; McDONALD'S DISTRIBUTING COMPANY; MR. JAKE NYE AND BROWN PLUMBING COMPANY, DEFENDANTS.

¶1 On or about November 2, 1986 Appellants allegedly sustained damages following a sewer backup occurring in Appellants' home. On November 4, 1986 the Appellants filed a notice of claim with Appellee on a form furnished by Appellee entitled "Notice of Tort Claim." This form contained language as follows:

(When you have completed this notice of tort claim and filed it with the City/Town

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SHARON TAFF, APPELLANT, v. THE CITY OF MUSKOGEE, OKLAHOMA, APPELLEE.

¶1 Sharon Taff (Appellant) brought an action in district court against the City of Muskogee, Oklahoma, (Appellee), on August 25, 1987, alleging that her home was damaged when Appellee's sanitary sewer line stopped up, causing sewage to back up in her basement. She alleged that the value of her damages was $20,816.00. She alleged that Appellee had been notified of her claim under 51 O.S.Supp. 1984

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Richard Burton v. Arkansas Secretary of State

Richard A. Burton sued his former employer, Arkansas Secretary of State Mark Martin ("Secretary of State"), in his official capacity, and the Chief of the Arkansas State Capitol Police, Darrell Hedden, in his individual and official capacity, (collectively, "state defendants") for race discrimination and retaliation under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, e

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Charles Russell Hocker v. Pikeville City Police Department

A heavily intoxicated, possibly suicidal Charles Hocker led two Pikeville police cruisers on a nighttime, lights-off, high-speed chase for seven miles before pulling onto a darkened gravel road. A lot happened in the next few seconds. Officers Addison Baisden and Chadwick Branham exited their cruisers with guns drawn and ordered Hocker to show his hands and turn off his car. Maybe Hocker heard the

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David T. Wadsworth v. The Word of Life Christian Center

Section 548(a)(1)(B) of the United States Bankruptcy Code (11 U.S.C. § 548(a)(1)(B)) allows a trustee to avoid any transfer of property by a debtor made within two years before the date of the filing of bankruptcy (the “reach-back period”) if the debtor (1) received less than a reasonably equivalent value in exchange for the transfer and (2) was insolvent on the date the transfer was made or

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