Immunity Law
 
James Coleman v. Soccer Association of Columbia

Thirty years ago, in Harrison v. Montgomery County Bd. of Educ., 295 Md. 442, 444, 456 A.2d 894 (1983), this Court issued a writ of certiorari to decide “whether the common law doctrine of contributory negligence should be judicially abrogated in Maryland and the doctrine of comparative negligence adopted in its place as the rule governing trial of negligence actions in this State.” In a compr

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Carol A. Douglas v. Cox Retirement Properties, Inc.

¶1 On April 2, 2009, Richard Douglas was admitted to the Defendant's rehabilitative care center for extended care. Douglas remained at the facility for approximately 21 days and was discharged on April 23, 2009. He died a short time later on May 12, 2009. The decedent's estate filed a wrongful death action in Tulsa County against the Defendant, alleging Douglas died as a result of the facility's

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Leroy J. Rasanen v. John Doe

19 Plaintiff-Appellant Leroy J. Rasanen is the father and estate administrator of John
20 C. Rasanen, who was shot and killed by Defendant-Appellee Daniel Brown, a New York
21 State Police trooper, during a (warranted) search of John Rasanen’s home. Plaintiff began
22 this action against Brown and others in May 2004. Plaintiff’s September 2004 amended
23 complaint alleged one c

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Lisa Zalaski v. City of Hartford

In this action pursuant to 42 U.S.C. § 1983, plaintiffs, the Animal Rights Front, Inc. (“ARF”) and two of its members, Lisa Zalaski and Derek V. Oatis, appeal from a judgment of the United States District Court for the District of Connecticut (Vanessa L. Bryant, Judge), entered after a bench trial in favor of defendant, Hartford Police Sergeant Daniel Albert, on claims that Albert violated pl

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Roman Catholic Bishop of Springfield v. City of Springfield

The Roman Catholic Bishop of Springfield (RCB) challenges the district court's grant of summary judgment to the City of Springfield (City) and dismissal of RCB's constitutional and statutory claims against enforcement of a City ordinance that created a single-parcel historic district encompassing a church owned by RCB. Under the ordinance, RCB cannot make any changes that affect the exterior of t

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Victor H. Tamayo v. Sheriff Omar Lucio

A trial court dismissed appellant Victor Tamayo’s case by granting a plea to the jurisdiction filed by the appellee, Cameron County Sheriff Omar Lucio in his official capacity. In two issues, Tamayo argues that: (1) governmental immunity did not bar

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his suit because he alleged a statutory violation and was not seeking monetary damages, and (2) the Cameron County Sheriff was t

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City of McAllen, Texas v. Arnaldo Ramirez, Jr.

Arnoldo Ramirez Jr., Raul Romero, Promotions of America, Inc. (“Promotions”), and Nolana Entertainment, Inc. (“Nolana”), brought suit against the City of McAllen for “taking of property without due course of law or compensation” under article 1, section 17 of the Texas Constitution. See TEX. CONST. art. I, § 17 (establishing that “no

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person’s property shall be take

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Mike Rawlings, Mayor, et al v. Timoteo F. Gonzalez et al.

In this interlocutory appeal, appellants complain of the trial court’s order denying their plea to the jurisdiction. We reverse the trial court’s order and dismiss for lack of jurisdiction.

BACKGROUND

Appellees were appointed judges of the Municipal Court in the City of Dallas by the Dallas City Council on June 23, 2010, to a two-year term ending May 31, 2012. See Dallas, Tex., O

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Ruby Katherine Tucker v. Allison Davilla

Ruby Katherine Tucker, individually and as parent and next friend of Minor Child, C.R.J., a minor, sued Allison Davilla and William Johnson on negligence theories claiming:

1. On April 18th, 2010, Minor Child C.R.J. was visiting the home of Defendants Allison Davilla and William Johnson at 1502 Carlisle Court, Oklahoma City, when an Akita dog mauled Minor Child C.R.J. As a result of Defend

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Jason Wayne Courtney v. State of Oklahoma

Plaintiff Jason Wayne Courtney appeals the district court’s grant of summary judgment to Defendants in his action brought under 42 U.S.C. § 1983 against Trooper Jacob Smith and the State of Oklahoma ex rel the Oklahoma Department of Public Safety (the “State”). Courtney’s claims arise from a traffic stop on the Muskogee Turnpike during which he was arrested for being a felon in possession

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Thomas Trent Pettigrew v. State of Oklahoma

This appeal presents only one issue for consideration: whether a settlement agreement between Thomas Trent Pettigrew and the Oklahoma Department of Public Safety (DPS) waived the state’s “Eleventh Amendment” right not to be sued in federal court. Although the language of the agreement is not explicit, the agreement’s reference to bringing suit in federal court has no reasonable constructio

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Caroline Miller v. Jefferson County

Appellants were property owners whose homes were damaged by Hurricane Ike. They brought suit alleging the same state and federal statutory, constitutional, and common law causes of action against multiple governmental entities, officials and others. One of the governmental entities was Jefferson County. In August 2011, the trial court granted the County’s motion for traditional and no-evidence s

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Mary Ellen Little v. Delta Steel, Inc.

In two issues, appellants, whom we have listed above, appeal the final judgment that the trial court rendered in favor of appellees Delta Steel, Inc. (Delta Steel) and its parent company, Reliance Steel & Aluminum Co. (Reliance). Appellants contend that the trial court erred by denying their motions for summary judgment, granting appellees’ motions for summary judgment, and making allegedly inco

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Oliver A. Rojas v. Kenneth A. Anderson

Plaintiff Oliver Rojas appeals the district court’s order granting summary judgment to Defendants on his 42 U.S.C. § 1983 claims.

Plaintiff was arrested after Defendant Officer Kenneth Anderson stopped Plaintiff, who was visibly intoxicated, and his two cousins as they were struggling to enter a house at three o’clock in the morning. Upon being questioned by Officer Anderson, Plaintiff

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Terry Tsafatinos v. Family Dollar Stores of Florida, Inc.

Terry Tsafatinos and Sigma TAF Management, Inc., appeal the trial court's order dismissing Mr. Tsafatinos' third-party claims for common law indemnity and for breach of contract against Family Dollar Stores of Florida, Inc. We affirm in part and reverse in part.

I. Background

Family Dollar Stores of Florida, Inc. (Family Dollar), leased its business premises from Terry Tsafatinos, in

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Auther White v. State Of Oklahoma Ex Rel Oklahoma Department Of Corrections, et al.

Auther White and Camilla White sued State Of Oklahoma Ex Rel Oklahoma Department Of Corrections and Keith Wells on a governmental tort claim auto negligence theory claiming:

1. The Plaintiffs are the residents of McClain County, State of Oklahoma.

2. The car wreck which is the subject of’this action occurred in the City of Lexington, Cleveland County, State of Oklahoma, so pursuant

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In the Matter of the Application for Establishment of a Private Road by Evan W. Cross

[¶1] Evan W. Cross and Sandra D. Cross filed an application for a private road with the Crook County Board of County Commissioners (Board). Wayne Curtis Altaffer moved to dismiss the application. After a hearing, the Board granted his motion and dismissed the application. The Crosses filed a petition for judicial review in district court. The district court found that the Board’s decision was n

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Robert Writt v. Shell Oil Company and Shell International, E&P, Inc

Appellant, Robert Writt, challenges the trial court’s rendition of summary judgment in favor of appellees, Shell Oil Company and Shell International, E&P,

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Inc. (collectively, “Shell”), in Writt’s suit against Shell for defamation. In two issues, Writt contends that the trial court erred in granting Shell summary judgment as Shell did not have an “absolute privilege,

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Edward Baldridge v. Chuck Brauner

After Edward Baldridge’s employment was terminated by Spring Branch Independent School District (“District”) Police Department, he filed suit claiming

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that the District and its Chief of Police, Chuck Brauner (Brauner, collectively with District, appellees) violated Government Code section 614.023 and sought declaratory and injunctive relief.1 The trial court denied appellant

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Cassie Bird v. Jeremy Bird

Cassie Bird, individually and as Mother and Next Friend of Julia Bird, a minor, sued Jeremy Bird on an auto negligence theory claiming:

1. On or about January April 19, 201112,2012, Julia Bird, a minor, was injured in a single vehicle accident caused by the defendant. The location of the accident was 8501 NW. 82nd street in Oklahoma City, Oklahoma, Oklahoma County.

2. The cause o

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United States v. Edith Schlain Windsor

Two women then resident in New York were married in a lawful ceremony in Ontario, Canada, in 2007. Edith
Windsor and Thea Spyer returned to their home in New York City. When Spyer died in 2009, she left her entire estate to Windsor. Windsor sought to claim the estate tax exemption for surviving spouses. She was barred from doing so, however, by a federal law, the Defense of Marriage Act, which

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Mary Goodman v. Clayton County Sheriff Kemuel Kimbrough

Bruce Goodman (Goodman), a 67-year-old man suffering from dementia and prone to disorientation and confusion, was severely beaten by his cellmate while detained at the Clayton County Jail (the Jail) in the early morning hours of September 9–10, 2008. By and through his wife and next friend, Goodman filed suit under 42 U.S.C. § 1983 against the two officers charged with his supervision at the Ja

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Dominique Edgerson v. Blake Matatall

Plaintiff Dominique Edgerson brought this § 1983 action after defendant police officer Blake Matatall shot Edgerson several times while Edgerson fled on foot after a high-speed car chase. Edgerson alleges that Officer Matatall used excessive force by shooting Edgerson, who was unarmed, after Edgerson had fallen to the ground and was in a “surrender position.” Officer Matatall claims he shot E

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Mutual Pharmaceutical Co., Inc. v. Karen Bartlett

We must decide whether federal law pre-empts the New Hampshire design-defect claim under which respondent Karen Bartlett recovered damages from petitioner Mutual Pharmaceutical, the manufacturer of sulindac, a generic nonsteroidal anti-inflammatory drug (NSAID). New Hampshire law imposes a duty on manufacturers to ensure that the drugs they market are not unreasonably unsafe, and a drug’s safety

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George Wittner v. Banner Health

Ian Wittner died at the North Colorado Medical Center after being injected with the drug Haldol during a seventy-two-hour involuntary mental health hold.

His parents, Lizbeth Cardenas and George Wittner, brought this § 1983 claim against the Medical Center, the doctor, and the nurse involved in their son’s treatment. They appeal from the district court’s grant of summary judgment to de

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