Immunity Law
 
Monique Wilkerson v. Thedious Seymour

Appellants Dekalb County police officers Thedious Seymour (“Officer Seymour”) and O.B. Parker (“Sergeant Parker”) were sued by Appellee Monique Wilkerson (“Wilkerson”) for violations of 42 U.S.C. § 1983, following Wilkerson’s allegedly false arrest. Because the facts viewed in the light most favorable to Wilkerson show that Officer Seymour lacked arguable probable cause to arrest Wi

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United States of America v. John Michael Palmer

The United States of America sued John Michael Palmer, Jr. with felony possession of a firearm and amunition in violation of 18 U.S.C. 922 and 924 which provides:

Section 922:

(a) It shall be unlawful—

(1) for any person—

(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in fi

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Brenda Lund, in her individual capacity, and Kristin Alrick, in her individual capacity v. Eric and Ruth Giauque, Individually and as Next Friend of H.G., N.G., M.G., C.G., and B.G., minor children

Appellants Brenda Lund and Kristin Alrick appeal from the trial court’s order denying their motion to dismiss, which raised the statutory right to dismissal conferred by civil practice and remedies code section 101.106(f). Tex. Civ. Prac. & Rem. Code Ann. § 101.106(f) (West 2011). We reverse the trial court’s order

2

and render judgment dismissing Appellees’ claims against Lun

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Vicky High v. City of Broken Arrow

Vicky High sued the City of Broken Arrow, Barney Campbell and Kenneth Snow on auto negligence and respondeat superior theories claiming:

I.

On November 30, 2011, Plaintiff, Vicky High, was a passenger in a motor vehicle driven by Kenneth Snow that was traveling westbound on Tucson Street approaching the intersection with Elm Place. Barney Campbell was driving a vehicle southbound

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Herbert Williams v. City of Chicago

In the wee hours of November 18, 2009, plaintiff Herbert Williams was returning home from work. He smelled smoke, saw that his neighbor’s house was on fire, and went to the porch of the burning home to bang on the door to rouse anyone who might be inside. Chicago police officers Matthew O’Brien and Joseph Byrne also spotted the smoke and found Williams on the porch. They soon arrested him on s

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Larry Lewis v. Ronald E. Weck

Defendant Ronald Weck appeals the district court’s denial of his motion to dismiss based on qualified immunity in this 42 U.S.C. § 1983 action alleging that Weck violated Plaintiff Larry Lewis’s Fourth and Fourteenth Amendment rights when, without a warrant, he entered a house owned by Lewis to inspect the house for health and safety hazards.

We AFFIRM.

Weck contends that the in

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Anthony Gibson v. Jeffrey Kilpatrick

While serving as the Chief of Police in Drew, Mississippi, Anthony Gibson reported Mayor Jeffrey Kilpatrick to outside law enforcement agencies for misuse of the city gasoline card. Months later, Kilpatrick began issuing written reprimands to Gibson for a panoply of alleged deficiencies. Gibson subsequently filed a lawsuit alleging unconstitutional retaliation as well as state tort law claims. Kil

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MALCOLM G. DYER v. HIDALGO COUNTY, TEXAS

Appellant Malcolm G. Dyer (“Dyer”) appeals two trial court orders granting appellee Hidalgo County’s pleas to the jurisdiction. The trial court’s first order granted the County’s second plea to the jurisdiction which challenged Dyer’s breach-of-contract claim.1 The

1 In appellate cause 13-12-00622-CV, Dyer appeals the trial court’s August 31, 2012 order granting the County’s

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CAMERON COUNTY, TEXAS CARLOS H. CASCOS, SOPHIA BENAVIDES, JOHN WOOD, DAVID A. GARZA AND EDNA TAMAYO v. FRANK A. TOMPKINS, INDIVIDUALLY AND AS TRUSTEE, AND CAROLYN TOMPKINS YOUNG

Ownership of land that comprises a portion of Andy Bowie Park on South Padre Island is at issue in this lawsuit. Appellant Cameron County leased the land to a third party so that a hotel could be built on it. Appellees Frank A. Tompkins, individually and as Trustee, Carolyn Tompkins Young, Perry Tompkins, and Lawrence Young1 (collectively “the Tompkinses”) sued Cameron County, Cameron County J

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Jason Creel v. The Woodlands Township

Jason Creel sued The Woodlands Township for property damage. He alleged that the defendant failed to remove dead trees from behind his house, and “water entered the home through the roof[.]” Creel alleged that the defendant “is a special-purpose district, a unit of government of the State of Texas,” and he acknowledged that the Texas Tort Claims Act provides a limited waiver of immunity fo

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Colleen Hill v. Superior Property Management Services, Inc.

¶1 A condominium resident was injured when she tripped on a group of tree root offshoots concealed within the grassy common area of her complex. She sued the complex‘s contract property management company, which was tasked with performing some maintenance activities in that area. She claimed that the company had been negligent in dealing with the tree offshoots, asserting that it had breached d

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Jonathan Ritchie v. United States of America

In this appeal, we again confront the much-maligned Feres doctrine, which immunizes the United States from liability for tort claims arising out of activities incident to military service. Feres v. United States, 340 U.S. 135 (1950).

As with most of our Feres jurisprudence, the claims at issue arise from personal tragedy: the premature birth—and immediate death—of Jonathan Ritchie’s i

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Billy Julian v. Sam Hanna

The plaintiff in this suit under 42 U.S.C. § 1983 appeals from the dismissal (with prejudice) of his complaint. The complaint charges three Indiana police officers, plus the Town (Frankton) that employed two of them, plus the county sheriff, with malicious prosecution in violation of the due process clause of the Fourteenth Amendment. Other torts are alleged as well; we’ll come back to them. Th

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Cynthia Clayborn v. Dennis Struebling

Cynthia Shelton Clayborn was arrested on suspicion of passing a forged $100 bill. She sued two police officers, Dennis Struebing and Stephen Aspinall, under 42 U.S.C. § 1983. She alleged violation of her Fourth Amendment right against arrest without probable cause. The district court granted 1 summary judgment to the officers, finding Clayborn failed to establish violation of her constitutional r

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Getfugu, Inc. v. Patton Boggs, L.L.P.

Plaintiffs and appellants GetFugu, Inc. (GetFugu), Carl Freer (Freer) and Richard Jenkins (Jenkins) (collectively, Plaintiffs) appeal an order granting a special motion to strike (Code Civ. Proc., § 425.16) filed by defendants and respondents Patton Boggs LLP (Patton), Richard J. Oparil (Oparil), Cummins and White LLP (Cummins) and Iman Reza (Reza) (collectively, the Attorney Defendants).1 2
<

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Dwight Meddock v. County of Yolo

A Fremont cottonwood tree fell on plaintiff Dwight Meddock while he was in a paved parking lot located in a park along the Sacramento River owned by defendant County of Yolo (County). The trial court granted summary judgment against Meddock and his wife (collectively, Meddock) in their tort suit alleging a dangerous condition of public property, by applying a statutory immunity for injuries “cau

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Charles Sheffer v. Buffalo Run Casino, PTE, Inc.

¶0 Charles Sheffer, Jennifer Sheffer, and their minor son, J.S., were injured when their 18-wheeler tractor trailer collided with a rental vehicle leased to William Garris and driven by David Billups, both employees of Carolina Forge Company, L.L.C. Plaintiffs sued Carolina Forge on theories of respondeat superior and negligent entrustment. They also sued the Buffalo Run Casino, the Peoria Tribe

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Shaun Russell v. City of Moore, Oklahoma

Shaun Russell sued City of Moore, Oklahoma and Officer Justin Eikel on auto negligence theories claiming:

1. That the Plaintiff, Shaun Russell, resides within Oklahoma County, State of Oklahoma.

2. That the Defendant, City of Moore, Oklahoma, is an Oklahoma Municipality, within the State of Oklahoma and Defendant John Eikel is believed to be a resident of Oklahoma County, State of Ok

More...   $1 (10-09-2013 - OK)

Kawi Fung Wong v. David V. Beebe

We agreed to hear this case en banc to clarify whether the
statute of limitations in 28 U.S.C. § 2401(b) of the Federal
Tort Claims Act (“FTCA”) may be equitably tolled. We hold
that § 2401(b) is not “jurisdictional,” and that equitable
tolling is available under the circumstances presented in this
case.
I. BACKGROUND
A. Statutory Background
The FTCA conta

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Adel Hassan Hamad v. Robert M. Gates

Adel Hassan Hamad was detained at Guantanamo Bay as an enemy combatant. He seeks damages for his detention and his treatment from former Secretary of Defense Robert Gates and numerous other military and civilian officials. We conclude, however, that 28 U.S.C. § 2241(e)(2) deprived the district court of subject-matter jurisdiction over Hamad’s claims.

I

Hamad, a citizen of Sudan, a

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James Carver v. Nassau County Interim Finance Authority

Plaintiffs, representatives of various Nassau County police unions, brought suit to contest a wage freeze imposed in 2011 on Nassau County employees, including police officers, by the Nassau Interim Finance Authority (“NIFA”), a public benefit corporation formed by the New York State Legislature in 2000 in 3 response to the County’s unstable financial condition. The defendants are NIFA, Nass

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Theodore H. Heinemann v. Daniel Satterberg

This appeal presents the question of whether Federal Rule of Civil Procedure 56, in its current form, prohibits a district court from granting a motion for summary judgment by default based upon a local court rule when an opposing party fails to respond. We conclude that it does.

In this case, in addition to citing such a local rule, the district court considered the motion on the merits

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Oswaldo Enrique Tobar v.

Patrolling in international waters, the United States Coast Guard suspected the crew of an Ecuadorian fishing boat of illicit activities. With the authorization of Ecuadorian authorities, the Coast Guard boarded the boat, searched for drugs, and towed the boat to Ecuador. The Ecuadorian crew, who are Plaintiffs here, allege that agents of Defendant United States harmed Plaintiffs and their propert

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Wayne DeCosta v. Allstate Insurance Company

This appeal concerns the special requirements that policyholders, by federal law, must follow to recover their covered losses under flood insurance policies issued as part of the government's National Flood Insurance Program (NFIP). See McGair v. Am. Bankers Ins. Co. of Fl., 693 F.3d 94, 100-01 (1st Cir. 2012).

Plaintiff Wayne DeCosta's property in Warwick, Rhode Island is insured

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City of McKinney v. Hank's Restaurant Group, L.P.

This is an interlocutory appeal from the trial court’s order denying pleas to the jurisdiction filed by appellant City of McKinney, Texas. We affirm in part and reverse in part.

I. BACKGROUND

A. Summary of the allegations

Appellee Hank’s Restaurant Group, L.P. (HRG) operates a restaurant and live-music venue in McKinney, Texas, named Hank’s Texas Grill. According to HRG,

More...   $0 (09-18-2013 - TX)

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