Kyle Hunter filed a discrimination complaint alleging that CBS Broadcasting refused to hire him as a weather news anchor because of his gender and age. CBS filed a motion to strike the complaint pursuant to Code of Civil Procedure section 425.16 arguing that its selection of a newscaster qualified as an act in furtherance of its free speech rights. The trial court denied the motion, concluding tha

Appellee Thomas Watts was injured when his vehicle collided with a fire tanker truck owned by appellant City of Smithville but being driven by the Smithville Volunteer Fire Department. Watts brought suit against Smithville under the Texas Tort Claims Act (TCA). See Tex. Civ. Prac. & Rem. Code §§ 101.001–.109. Smithville filed a plea to the jurisdiction based on governmental immunity, and the t

Plaintiff‐Appellant Kenny A. Jones, Sr., alleges that Defendants‐Appellees violated his rights under the Fourth Amendment and Fourteenth Amendment. From the first, however, counsel for Jones stated his claims broadly and vaguely. He listed a series of irrelevant facts untethered to any legal claims, and asserted constitutional injury without specifying what provisions of the Constitution were

Defendant Christine Boczar, a deputy sheriff of Powhatan County, Virginia, appeals the judgment of damages plus attorney’s fees entered against her in the Eastern District of Virginia in this 42 U.S.C. § 1983 proceeding. Boczar presents two appellate issues: First, she contends that she is entitled to qualified immunity such that a trial should not have been conducted; and, second, she maintain

The Cassirers appeal the district court’s grant of the Thyssen-Bornemisza Collection Foundation’s motion to dismiss their complaint without leave to amend. The Cassirers’ lawsuit seeks to recover a masterpiece French impressionist painting that was allegedly taken from their ancestors by the Nazi regime. For the Cassirers’ claims to be timely, they must rely on amended California Code of C

The United States Immigration and Customs Enforcement agency mistakenly issued a detainer for Richard Ortega. Sent to the Louisville Metro Department of Corrections, the detainer informed the local prison authorities that the immigration agency was investigating whether Ortega, then serving a home-confinement sentence, could be removed from the United States. Based on the detainer, the department

This appeal arises from a $1.1 million jury award in favor of a terminated employee on a claim of retaliation for the exercise of his First Amendment rights.

A veteran deputy sheriff used pepper spray and physical force to subdue a motorcyclist fleeing from a fellow law enforcement officer. The deputy duly prepared his report of the incident and submitted the report to his superiors, who in

Aristides Suarez, the plaintiff below, appeals a final summary judgment for Transmontaigne Services, Inc. (“TSI”). The trial court found TSI immune from appellant’s negligence claim under the Florida worker’s compensation act because appellant was acting as TSI’s “borrowed servant.” Because there are material issues of fact as to the relationship of appellant to TSI, we reverse.
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Russell Arthur Kemna sued the City of Enid, County of Garfield, State of Oklahoma, by the City of Enid City Council of the City of Edid, County of Garfield, State of Oklahoma consisting of William E. Shewey Mayor, Mike Stuber, Ron Janzen, Lewis Blackburn, Drew Ritchie, Tammy Wilson, Todd Ging and Eric Benson City Manager and Christopher Lewis, Thomas A. Watts, individually and jointly on personal

In this appeal, we consider whether the Shoshone- Bannock Tribes plausibly have the authority to regulate the land use of David Evans, a nonmember of the Tribes, who owns land in fee simple within the Fort Hall Reservation.1 Acknowledging the general rule that tribes may not regulate nonmember conduct on such “non-Indian fee land,” the district court nevertheless held that the Tribes had a pla

Lisa Detournay and Brenda Randol, who own homes in Coral Gables, and their homeowners’ association, the Rivera Neighborhood Association, Inc., (hereinafter “the Homeowners”) filed a two-count complaint to require the City of Coral Gables to prosecute an enforcement action against nearby property owned by Amace Properties, Inc. The trial court dismissed the first count for lack of standing. A

While imprisoned in the Texas Department of Criminal Justice Correctional Institutions Division (TDCJ-CID), Telford Unit, Richard Owen Taylor failed a prison-administered drug test. As a result, the TDCJ demoted his prisoner status and forfeited his good time credit. Taylor filed a suit for damages against several employees of the TDCJ, his appointed counsel, and two John Does. Taylor’s original

On the night of September 17, 2006, San Diego County Sheriff’s Deputies Mike King and Sue Geer shot and killed

1 In our original opinion, we affirmed the district court in part and reversed in part, devoting a significant portion of our analysis to Appellant’s negligent wrongful death claim. Hayes v. Cnty. of San Diego, 638 F.3d 688, 690, 694–701 (9th Cir. 2011). After the Appellees r

Dwayne Volkman was employed as a casework supervisor at the Lawrence Correctional Center in Illinois when he called the local State’s Attorney to comment

2 No. 12‐1778

on the criminal prosecution of a co‐worker for violations of Illinois Law and Department of Corrections policy. After an internal investigation, Volkman received a written reprimand and was suspended for five day

For over a decade, Powerhouse Motorsports Group, Inc. (Powerhouse) operated a successful retail motorcycle dealership under a dealer/franchise agreement (Franchise Agreement) with Yamaha Motor Corporation (Yamaha). In 2008, Powerhouse suffered a reversal of fortune and its owner Timothy Pilg closed the dealership in June of that year. With the apparent agreement and support of Yamaha, Pilg entered

In December 2011, the City of Live Oak (the City) passed an ordinance prohibiting the cultivation of marijuana for any purpose within the City. Plaintiffs sued, contending the ordinance violated the Compassionate Use Act (CUA) (Health & Saf. Code,1 § 11362.5), the Medical Marijuana Program (MMP) (§ 11362.7 et seq.), equal

1 Further undesignated statutory references are to the Health and

This case is before the Court on appeal from an order denying Thomas James Moore’s second successive motion to vacate his judgment of conviction for first-degree murder and sentence of death, filed pursuant to Florida Rule of Criminal Procedure 3.851. Because the order concerns postconviction relief from a capital conviction for which a sentence of death was imposed, this Court has jurisdiction

¶1 The issue is whether an expert appointed by a court to testify in a divorce and child custody litigation, and who is paid by a party to the divorce, is entitled to judicial immunity even when the expert presents no testimony and no report. This Court retained the case.

¶2 The plaintiff/appellant, James R. Simonson, alleged professional negligence, breach of contract and unjust enrichme

Paul Damon ("Damon") and Natalia Olinetchouk ("Olinetchouk"), on behalf of themselves and others similarly situated, appeal the trial court's dismissal of their class action petition for declaratory relief, injunctive relief, and damages against the City of Kansas City and American Traffic Solutions, Inc. We hold that the ordinance is invalid because it conflicts with state law. We further hold th

When a city’s action violates constitutional rights, victims of that action may seek relief under 42 U.S.C. § 1983, but § 1983 does not impose vicarious liability. The city may be held liable only for its own actions. This is black letter

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circu

C.A., a high school student, drowned in 2008 after a pool-based science experiment. The Estate of C.A., and Vincent and Celestina Agwuoke, individually and on behalf of the heirs of C.A. (collectively, “the Agwuokes”) sued the school district and school employees under 42 U.S.C. § 1983 for violation of C.A.’s Fourteenth Amendment right to life. After granting the school employees summary ju

Darryl Wayne Turner, age seventeen, died from cardiac arrest after a confrontation with police in which he was struck in the chest by electrical current emitted from a device commonly known as a “taser,” manufactured by TASER International, Inc. (TI). The police officer who discharged the taser aimed the device at Turner’s chest based on training provided by the Charlotte Mecklenburg Police

Plaintiff Tina Cuff appeals from a judgment entered in favor of defendants Grossmont Union High School District (Grossmont) and Susan Saunders after the trial court granted summary judgment in favor of the defendants.

2

Cuff filed this action against Grossmont and Saunders after Saunders prepared a written report of suspected child abuse pursuant to provisions of the Child Abuse and

After a flood caused damage to their home, Glenn and Lisa Gunter filed claims under their Standard Flood Insurance Policy (SFIP) with Farmers Insurance Company Inc. and their supplemental policy with American Security Insurance Company. Farmers promptly paid the amount claimed in the Gunters' timely filed proof of loss.

When their home was later condemned as uninhabitable, the Gunters sue

On December 13, 2009, U.S. Army Specialist Aaron Pernell unlawfully entered the home of Maria Durden while inebriated and raped Durden in front of her children. Durden subsequently sued the government pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), alleging that the Army was negligent and therefore is liable for the sexual assault against her. The government moved to dismiss