Immunity Law
 
Steven Spavone v. New York State Department of Correctional Services

11 This case concerns how the New York State Department of Correctional
12 Services1 ("DOCS") determines when an inmate receives temporary medical
13 leave from prison for the treatment of mental illness. Plaintiff-Appellee Steven
14 Spavone (“Spavone”) requested a leave of absence from prison in order to obtain
15 additional treatment for his post-traumatic stress disorder (

More...   $0 (06-20-2013 - NY)

George Lopez v. Administrative Office of the Courts

Plaintiff-Appellant George Lopez conducts mediations in a program created and managed by the Administrative Office of Courts of the State of Utah (the AO). In 2006 he was removed from the panel of mediators which the AO had created under statutory authority to mediate certain domestic matters. Mr. Lopez brought suit in federal district court alleging that his removal from that list of specialized

More...   $0 (06-19-2013 - UT)

Steven Wood v. Southern Crane Service, Inc.

In this personal injury action, plaintiff Steven Wood appeals a final summary judgment entered in favor of the defendant, Southern Crane Service, Inc., in which the trial court found as a matter of law that Southern Crane was entitled to “immunity” from suit because the presence of a forty-ton mobile crane brought in by the contractor to assist in the removal of a massive oak tree on residenti

More...   $0 (06-18-2013 - FL)

City of Canton, Texas v. Zanbaka USA, LLC, d/b/a Duke's Travel Plaza

The City of Canton, Texas, appeals the trial court’s denial of its plea to the jurisdiction and motion to dismiss. The City raises six issues on appeal. We reverse and render.

BACKGROUND

Zanbaka, USA, LLC d/b/a Duke’s Travel Plaza (Duke) entered into an agreement with the Canton Economic Development Corporation (CEDC), a Texas nonprofit corporation, to fund a sewer line and lift

More...   $0 (05-31-2013 - TX)

Keith Cressman v. Michael C. Thompson

This appeal concerns an image stamped on the standard Oklahoma license plate of a Native American shooting an arrow toward the sky. Appellant Keith Cressman objects to the image as a form of speech and wishes not to display it on his personal vehicles. But Oklahoma law imposes sanctions for covering up the image, and the state charges fees for specialty license plates without it—fees that Mr.

More...   $0 (06-11-2013 - OK)

Phillip Goldstein v. William F. Galvin

A hoary proverb teaches that large oaks from little acorns grow. That is a natural progression. This case, however, features a less natural progression: an obscure violation of a state securities regulation, not especially egregious in itself, has led to a litigation extravaganza — an extravaganza that pits a prominent hedge fund operator against a state official with broad regulatory authority

More...   $0 (06-11-2013 - MA)

Paul D. Duncan v. Oklahoma Military Department

Paul D. Duncan sued the Oklahoma Military Department on discrimination theory, intentional infliction of emotional distress, wrongful termination and retaliation for filing a worker's compensation claim.

1. Plaintiff alleges a claim of wrongful discharge, harassment, discrimination and retaliation based upon his disability, in violation of Oklahoma laws against discrimination, 25 O.S. §1

More...   $1 (06-05-2013 - OK)

Jerry Jones v. Metropolitan Tulsa Transit Authority

Jerry Jones sued the Metropolitan Tulsa Transit Authority on a governmental tort claim negligence theory under 51 O.S. 151, et al. claiming to have been injured and/or damages in a bus accident that occurred on August 2, 2010.

The MTTA appeared and answered as follows:

1. The Defendant is without sufficient information to admit or deny the allegations of Paragraph 1 and therefore

More...   $0 (06-04-2013 - OK)

Michael Dillon v. OhioHealth Corporation

Michael Dillon, age 42, sued OhioHealth d/b/a/ Doctor's Hospital on a medical negligence (medical malpractice) theory claiming to have sustained a spinal cord injury that left him paralyzed as a result of being improperly restrained by a patient-care assistant. Dillon was taken to the hospital on June 20, 2009 after he stopped taking his medication for a psychiatric condition and became disoriente

More...   $2800000 (06-07-2013 - OH)

Brittany Morrow v. Barry Balaski

As is so often the case, the issues in this appeal arise from unsettling facts presented by sympathetic plaintiffs.1 We are asked to decide whether public schools have a constitutional duty to protect students from abuse inflicted by fellow students under the circumstances alleged here.

Appellants, Brittany and Emily Morrow, and their parents, Bradley and Diedre Morrow, brought this actio

More...   $0 (06-07-2013 - PA)

Liberty Synergistics, Inc. v. Microflo, Ltd.

On its face, this appeal involves a somewhat technical issue of federal appellate procedure—namely, whether we have jurisdiction under the “collateral order” doctrine to consider the merits of this interlocutory appeal. But a similarly difficult inquiry, which also bears on our analysis of the jurisdictional question, is whether the District Court properly applied governing choice-of-law pri

More...   $0 (05-31-2013 - NY)

Mehdi Ali v. Federal Insurance Company

This insurance case raises two issues. First, we consider our appellate jurisdiction. Although we usually may not review voluntary dismissals of claims or denials of motions for summary judgment, this case presents the unusual situation in which we are asked to review the voluntary

3

dismissal of a claim following the denial of a motion for summary judgment. Our review is appropriate

More...   $0 (06-04-2013 - NY)

Jeanne Pahls v. Mathew Thomas

Location, location, location. It is cherished by property owners and political demonstrators alike. Both groups, it turns out, are at the heart of this case. Plaintiffs- Appellees brought this action after law enforcement officials forced them to move to an unfavorable location to engage in protest activities but allowed a group espousing the opposite viewpoint to remain in place on private proper

More...   $0 (06-04-2013 - )

Barbara Wyatt v. Rhonda Fletcher

As next-friend of her minor daughter “S.W.”, Barbara Wyatt brought this
suit under 42 U.S.C. § 1983 against high school softball coaches Rhonda Fletcher
and Cassandra Newell. Wyatt alleges the coaches disclosed S.W.’s sexual
orientation during a disciplinary meeting with S.W.’s mother, primarily claiming
the disclosure to the mother constituted a Fourteenth Amendment invas

More...   $0 (06-03-2013 - TX)

Reynaldo Ramirez v. Jose "Taser Joe" Martinez

This is a false arrest and excessive force case following an altercation between Reynaldo Ramirez (“Ramirez”) and Deputy Jose “Taser Joe” Martinez (“Martinez”) in Jim Wells County, Texas. Martinez appeals the district court’s denial of summary judgment based on qualified immunity on Ramirez’s 42 U.S.C. § 1983 claims and state-law official immunity on Ramirez’s state-law claims.

More...   $0 (05-15-2013 - TX)

The Board of Trustees of the Galveston Wharves v. E. L. O'Rourke

In this interlocutory appeal, E.L. “Ted” O’Rourke sued the Board of Trustees of the Galveston Wharves (“the Wharves”) for invasion of privacy and

2

civil conspiracy, and O’Rourke also asserted claims for declaratory and injunctive relief and sought compensatory and punitive damages. The Wharves filed a plea to the jurisdiction, asserting that O’Rourke’s claims against

More...   $0 (05-30-2013 - TX)

Adam Rybicki v. Ashley Carlson

In April 2011, five young women, all under the age of 21, got into a car after partying all night (and drinking alcohol) at a friend‟s house. Driving on the wrong side of the road, the car collided with a bicyclist, who was seriously injured. The bicyclist and his wife sued, among others, all of the occupants of the car. The trial court entered judgments in favor of the four passengers. The ques

More...   $0 (05-22-2013 - CA)

Ashley Schutz v. La Costita, III, Inc.

2 After drinking past the point of intoxication at defendant's bar, plaintiff
3 attempted to drive home and was severely injured when she entered an interstate highway
4 driving in the wrong direction and collided with another car. She brought this action
5 against the bar, alleging negligence for having served her "when she had already
6 consumed excessive quantities of alcohol,"

More...   $0 (05-15-2013 - OR)

Ryan Hart v. Electronic Arts, Inc.

In 2009, Appellant Ryan Hart (“Appellant” or “Hart”)1 brought suit against Appellee Electronic Arts, Inc. (“Appellee” or “EA”) for allegedly violating his right of publicity as recognized under New Jersey law. Specifically, Appellant‟s claims stemmed from Appellee‟s alleged use of his likeness and biographical information in its NCAA Football series of videogames. The District

More...   $0 (05-21-2013 - nj)

Ellis Walker v. Deborah G. Schult

Plaintiff-appellant Ellis Walker brought this action below pro se, alleging that the conditions of his confinement in the Federal Correctional Institution in Ray Brook, New York ("FCI Ray Brook") amounted to cruel and unusual punishment in violation of the Eighth Amendment. The United States District Court for the Northern

-3-

of New York (Kahn, J.) granted defendants-appellees' moti

More...   $0 (05-23-2013 - NY)

Michael Gray v. City of Galveston, Texas

Michael Gray sued the City of Galveston claiming a violation of the Texas Whistleblower Act. The Act waives governmental immunity if a governmental entity takes adverse personnel action against a public employee who in good faith reports to an appropriate law enforcement authority a violation of law by another public employee. See TEX. GOV‘T CODE ANN. §§ 554.002, 554.0035 (West 2012). The City

More...   $0 (05-21-2013 - TX)

Gila River Indian Community v. United States of America

This case illustrates the nuances of our federalist system of government, pitting Indian tribe against Indian tribe, and State and local governments against the federal government and an Indian tribe. The City of Glendale and various other parties (“Glendale”) seek to set aside the Department of the Interior’s decision to accept in trust, for the benefit of the Tohono O’odham Nation (“th

More...   $0 (05-20-2013 - AZ)

Michael Joseph Griffin v. State of Florida

Michael Joseph Griffin appeals an order of the circuit court denying his motion to vacate his conviction for first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3.851. Griffin also petitions this Court

- 2 -

for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons explained below, we affirm the tr

More...   $0 (05-16-2013 - FL)

Lara Roosevelt-Hennix v. Officer Shane Prickett

Officer Shane Prickett of the Florence City Police Department used a Taser on Lara Roosevelt-Hennix while Roosevelt-Hennix’s hands were cuffed behind her back and she was seated in the back seat of a police car. Roosevelt-Hennix brought suit pursuant to 42 U.S.C. § 1983, alleging Prickett subjected her to excessive force in violation of the Fourth Amendment. See Graham v. Connor, 490 U.S. 386,

More...   $0 (05-16-2013 - CO)

Jerome A. Wilson v. Jon Ozmint

These claims brought under 42 U.S.C. § 1983 raise the issue whether certain actions taken by South Carolina prison officials after an inmate’s suspected receipt of contraband, including suspension of the inmate’s visitation privileges for two years, violated his constitutional rights. We conclude that the prison warden who imposed the challenged actions is shielded by qualified immunity from

More...   $0 (05-15-2013 - SC)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher