Appellant Deana Pollard Sacks challenges the trial court‘s summary judgments in favor of appellees Brian Weil Zimmerman and Andrew Todd McKinney, IV. Zimmerman and McKinney have served as counsel for the defendants in underlying litigation in which Sacks is suing numerous parties. The trial court entered a take-nothing judgment as to Sacks‘ invasion of privacy claims against Zimmerman and McKi

In this defamation case, appellant Warren Aldous challenges the trial court‘s partial summary judgment on liability entered against him on deemed admissions and the legal and factual sufficiency of the evidence to support the damages award to appellee Eric Bruss after a contested hearing. Appellant Michael Aldous asserts that (1) the trial court erred by denying his motion for new trial in which

This is an interlocutory appeal from the denial of the City of Dallas’s amended plea to the jurisdiction. We reverse the trial court’s order and render judgment granting the City’s plea and dismissing appellee’s lawsuit with prejudice. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.4 because the law to he applied in the case is well settled.

Texas

Appellant, Wight Realty Interests, Ltd. (“Wight Realty”), challenges the trial court’s orders granting appellee, the City of Friendswood (the “City”), summary judgment and its plea to the jurisdiction in Wight Realty’s suit against the City for breach of contract. In four issues, Wight Realty contends that the trial court erred

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in granting the City’s summary-judgment

One evening in March 2007 Anthony Maniscalco hosted a birthday party for a local politician at his restaurant in Gurnee, Illinois. When the festivities ended, Maniscalco capped the night with two celebratory shots of Patrón tequila and a trip to a nearby McDonald’s, where he encountered Fidel Castro

2 No. 11-2402

working at the drive-through window. Minutes before Maniscalco arriv

A police officer, who violates another’s constitutional right, will receive qualified immunity from suit under 42 U.S.C. § 1983 if the right the officer violated was not protected by clearly established law at the time he acted. See Pearson v. Callahan, 555 U.S. 223, 232 (2009). Since 1998, clear precedent has established that a police officer violates the Fourteenth Amendment due process claus

Defendants South Jersey Transportation Authority (SJTA) and the New Jersey State Police (NJSP) (collectively referred to as "defendants") appeal from a judgment in plaintiff Janet Henebema's favor, entered after a jury trial, and an order denying their motion for a remittitur. Plaintiff cross-appeals from an order denying her request for pre-judgment interest pursuant to Rule 4:58-2(a)(2).1

Defendant Port Authority of New York and New Jersey and defendant Modern Facilities Services, Inc., appeal from a judgment based on a jury verdict in favor of plaintiff Soma Mandal, M.D., for injuries suffered as a result of her fall at Pavonia Station in Jersey City on March 18, 2007. Because, among other things, the trial judge erroneously instructed the jury that the Port Authority was burdened

After a vehicle pursuit during the early morning hours of July 27, 2008, Officer Christopher Van Ness of the Yarmouth, Massachusetts Police Department shot and killed Andre Martins. Plaintiff-appellee Camila Campos, individually and as administratrix of Martins's estate, brought this civil rights action against defendants-appellants Van Ness and the Town of Yarmouth under 42 U.S.C. § 1983 and Ma

The plaintiff in this medical malpractice case is the mother of a child who was injured during birth. The district court dismissed the suit as barred by the provision of the Federal Tort Claims Act that requires that the claim on which a suit is based be filed with the appropriate federal

2 No. 12-3189

agency within two years after the claim arose. 28 U.S.C. §2401(b).

T

We are once again asked to consider a case in which prison guards were investigated and reassigned after a major jailbreak occurred on their watch. We previously outlined the peculiar facts of this case in detail, Hernandez v. Cook County Sheriff’s Office, 634 F.3d 906, 909-11 (7th Cir. 2011), so a brief recitation is all that is required here.

2 No. 12-1941

Plaintiffs, Ivan He

A.C., a minor with Type 1 diabetes, her mother, J.C., and her father, B.C., are the Plaintiffs-Appellants in this case. A.C. attended Bon Lin Elementary School, a school governed by Defendant-Appellee Shelby

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No. 11-6506 A.C., et al. v. Shelby Cnty. Bd. Of Educ. Page 2

County Board of Education (“SCBE”). After three years of wrangling between Bon Lin officials and P

This appeal raises first-impression issues regarding the burden of proof when a criminal defendant asserts immunity from criminal prosecution under the justified use-of-force provisions of K.S.A. 21-3219. We hold that the burden of production to negate a claim of immunity rests with the State and the controlling standard of proof is probable cause. Applying those holdings to the facts of this case

This appeal raises the issue of whether a defendant's presentation of evidence that he was on probation at the time the current crime was committed opens the door to rebuttal evidence regarding a prior crime that may be admitted independent of K.S.A. 60-455. In State v. Gunby, 282 Kan. 39, 144 P.3d 647 (2006), this court held that evidence of a prior crime or civil wrong could not be admitted inde

The Federal Tort Claims Act (FTCA) waives the Government’s sovereign immunity from tort suits, but excepts from that waiver certain intentional torts, 28 U. S. C. §2680(h). Section §2680(h), in turn, contains a proviso that extends the waiver of immunity to claims for sixintentional torts, including assault and battery, that are based on the“acts or omissions” of an “investigative or law

Appellant Conejo Wellness Center, Inc. (Conejo) is located in the City of Agoura Hills. Conejo is a California cooperative corporation that operates as a nonprofit collective engaged in the distribution of medical marijuana to its members. Respondent is the City of Agoura Hills (Agoura).

In the court below, Conejo filed a complaint which sought injunctive and declaratory relief against Agou

The State of Oklahoma ex rel Edmonson sued Native Wholesale Supply claiming it violated the Oklahoma Tobacco Master Settlement Agreement Complementary Act by selling cigarettes in Oklahoma without being on the approved list required for sales to the public. The cigarettes that were the subject to the lawsuit had been removed from the list in 2006.

The defenses asserted by the Defendant a

The United States of America charged Homer Helter, age 68, and James Kassel, age 61, with illegally selling guns with a license and conspiring to deal firearms without a license. Helter owns and operated Homer Helter's Antique & Military Mall in Naples, Florida.

The Defendant claimed that they were selling guns from their personal collections and did so infrequently, which is legal withou

Plaintiff’s decedent worked for a civilian contractor at a military base in Michigan. He was fatally injured by a gutter that fell from the liquor store on the base. The United States appeals from the district court’s award under the Federal Tort Claims Act of $1.18 million in damages for failure to warn. Because

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No. 12-1365 Berrien v. USA Page 2

the Act does not waive t

Atheists of Florida and Ellenbeth Wachs, Director of the Lakeland Chapter
of the Atheists of Florida, (collectively “AOF”), appeal from the district court’s
order denying their motion for summary judgment and granting summary
judgment in favor of the City of Lakeland, Florida and its mayor, Gow Fields,
(collectively “Lakeland” or “Lakeland City”) in this action filed

Plaintiff-appellant Crystal Moses seeks damages for what she alleges was false arrest and malicious prosecution attributable to defendant-appellee Mark Mele. In a thoughtful opinion, the court below concluded that the defendant was protected by qualified immunity under federal law and official immunity under New Hampshire law. Moses v. Mele, No. 10-CV-253, 2012 WL 1416002, at *4 (D.N.H. Apr. 24,

Plaintiffs-Appellants, Ronald Curtis, Cedric Johnson, and Curvis Bickham (collectively, “Appellants”) appeal the district court’s grant of summary judgment on their claims under 42 U.S.C. § 1983 in favor of Defendants-Appellees: (i) W. Anthony, a sergeant in the Houston Police Department (“HPD”); (ii) R. Chappell, an officer in the HPD; (iii) C. W. Stivers, an officer in the HPD; (iv) t

Becky Sanders sued the City of Broken Arrow on a governmental tort claim premises liability theory under 51 O.S. 151, et seq. claiming:

1. Plaintiff is a resident of Oklahoma and resides in Tulsa County.

2. Defendant, City of Broken Arrow is a statutorily recognized city/municipality pursuant to the laws of the State of Oklahoma. The City of Broken Arrow is located within the Cou

On multiple occasions at Latta Middle School and Latta
High School in Latta, South Carolina, school officials prohibited
Candice Hardwick from wearing and on one occasion
punished her for wearing Confederate flag1 shirts at school.

Candice Hardwick, by and through her parents, brought this
action against the school principals and the school board pursuant
to 42 U.S.C.

A jury found defendant and appellant Russell Mecano, a police officer, guilty of solicitation of prostitution, sexual battery by restraint, sexual penetration by force or duress, and sexual penetration under threat by a public official. In the published portion of this opinion, we consider and reject Mecano‟s contention that because he never explicitly requested sex for money, there was insuffic