Victor Santiago v. Daniel Blair |
Captain Garry Branch, Lieutenant Daniel Blair, and Correctional Officers Timothy Williford, Andrew Fox, Shannon Clubbs, and David E. Parsons (collectively Correctional Officers) appeal the district court’s denial of their motion for summary judgment based upon qualified immunity. We affirm in part, reverse in part, and remand for further proceedings. |
Jenny Rubin v. Islamic Republic of Iran |
The plaintiffs-appellants in this case are United States citizens who were injured in a 1997 terrorist attack that Hamas orchestrated in Jerusalem. They sued the Islamic Republic of Iran in the United States District Court for the District of Columbia, alleging that Iran had provided material support to Hamas and was therefore liable for the attack. In 2003, the plaintiffs obtained a default judg $0 (02-27-2013 - MA) |
Mary K. Becker v. Jason Bateman |
Plaintiff-Appellant David Becker was pulled over by Defendant-Appellee Officer Jason Bateman in a parking lot in Heber City, Utah. A confrontation ensued which ended in Becker being thrown to the ground and suffering a severe traumatic brain injury. Becker brought suit against Officer Bateman, the Heber City Chief of Police in his official capacity, and Heber City under 42 U.S.C. §1983, alleging $0 (02-27-2013 - UT) |
Peak Alarm Co., Inc. v. Salt Lake City Corp. |
¶1 In this appeal, Salt Lake City employees Shanna Werner and Scott Atkinson (City Employees) contest the district court’s denial of their motion for summary judgment. In that motion, they argued that appellees Michael Howe, Jerry Howe, and Peak Alarm Company (Mr. Howe) failed to file suit within the period fixed by the applicable statute of limitations. The City Employees contend that parties $0 (02-15-2013 - UT) |
Elizabeth Heynen v. Julene Fairbanks |
A tenant fell on the outside stairs of her rented apartment and sustained a serious back injury. When she fell, one of the wooden stairs broke. She sued her landlord, from whom she subleased the apartment, alleging that her fall was caused by the landlord’s negligent failure to inspect and maintain the staircase. |
Melvin Folkerts v. City of Waverly |
Melvin and Idella Folkerts are the legal guardians and conservators of their adult son, Travis Michael Folkerts. In May 2008, Travis1 was investigated and charged with sexual assault. Alleging deprivation of his constitutional and statutory rights, the Folkertses sued the City of Waverly, Iowa, and Troy Schneider, an investigator with the police department. The district court2 granted summary judg $0 (02-25-2013 - IA) |
Estate of Simone Young Kim v. Ray Coxe d/b/a Rayco Sales |
Jason Coday shot and killed Simone Kim with a rifle obtained from Ray Coxe’s gun store. Kim’s Estate (the Estate) brought a wrongful death action against Coxe, alleging that Coxe negligently or illegally provided Coday the rifle. Coxe defended in part by asserting immunity under the Protection of Lawful Commerce in Arms Act (PLCAA). The Estate argued against applying the PLCAA and alternativel $0 (02-22-2013 - ak) |
Jaswinder Singh v. Terence S. McLaughlin |
2 Plaintiff, who ran a convenience store, was accused of stealing from that |
Patricia Calhoun v. Alvin Nienhuis |
Patricia Calhoun appeals the summary judgment entered against her in her negligence lawsuit against Alvin Nienhuis, in his official capacity as the Sheriff of Hernando County (Sheriff). Determining that the trial court applied the wrong statute of limitations to Calhoun’s lawsuit, we reverse. |
San Jacinto County Sheriff's Office v. Sabrina Butler |
San Jacinto County, sued under the name of the San Jacinto County Sheriff’s Office, appeals the denial of a motion to dismiss for lack of subject matter jurisdiction. The suit arises out of a collision involving a motor vehicle driven by Deputy Darryl Lynn Lamott and motor vehicles operated by Sabrina Butler and April Thibodeaux. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (West Supp. 2 $0 (02-21-2013 - TX) |
Northeastern Rural Electric Membership v. Wasbash Valley Power Association, Inc. |
This appeal tests the boundaries of federal-question subject matter jurisdiction. The issue is whether a claim for breach of a longterm requirements contract for wholesale electricity arises under federal law or state law. We conclude that the claim arises under state law, that the district court therefore lacked jurisdiction to enter its preliminary injunction, and that the case should be remande $0 (02-22-2013 - IN) |
Allen Quigley v. Tuong Vinh Thai |
This appeal addresses whether defendant Dr. Tuong V. Thai, a prison psychiatrist, is entitled to immunity from state and federal civil claims brought by the estate of the now-deceased Scott Quigley, Jr., who Thai treated for moderate depression. The estate alleges that Thai’s medical care caused Quigley’s death, violated Quigley’s Eighth Amendment right to be free from cruel and unusual puni $0 (02-21-2013 - MI) |
David Chimera v. Ron Lockhart |
This case arises from the arrest of Plaintiffs–Appellants David and Brenda Chimera on their property in rural Sequoyah County, Oklahoma. The Chimeras, a married couple, had been locked in a feud for several months with one of their neighbors over the use of an access road that crossed the Chimeras’ land. A confrontation on that road on December 30, 2008 led to the Chimeras’ arrest for breach $0 (02-21-2013 - OK) |
Clint Small v. James McCrystal |
On October 5, 2008, deputies of Woodbury County, Iowa, responded to a disturbance. They arrested one plaintiff at the scene; arrest warrants were issued for others within weeks. The plaintiffs sued the deputies and County under 42 U.S.C. § 1983 and Iowa law. The deputies and County moved for summary judgment, which the district court1 denied in part. The deputies and County appeal. Having jurisdi $0 (02-19-2013 - IA) |
Lesyle A. Dickerson v. Tulsa County Public Facilities Authority d/b/a Expo Square |
Lesyle A. Dickerson sued Tulsa County Public Facilities Authority d/b/a Expo Square on a premises liability theory. |
Jose L. Soto v. City of Edinburg, Texas |
Appellant Jose L. Soto, a police officer employed by appellee the City of Edinburg, Texas, challenges the plea to the jurisdiction granted in favor of the City on Soto's claim for backpay. By one issue, Soto argues that the City did not have governmental immunity from his claim and the trial court therefore erred in granting the plea to the jurisdiction. We reverse and remand. |
Daniel Delmonico v. Arthur Rodgers Traynor, Jr. |
The issue before this Court is whether Florida’s absolute privilege, which shields judges, counsel, parties, and witnesses from liability for alleged defamatory statements made in the course of a judicial proceeding, extends to statements made by an attorney during ex-parte, out-of-court questioning of a potential, nonparty witness while investigating matters connected to a pending lawsuit. In D $0 (02-14-2013 - FL) |
Thomas Hayden Barnes v. Ronald Zaccari |
Thomas Hayden Barnes sued Valdosta State University President Ronald Zaccari on a civil rights violation theory under 42 U.S.C. 1983 claiming that his First Amendment Rights were violated by Zaccari when he was expelled from the university for expressing his opinions in opposition to the construction of two parking garages on campus. |
Robert Writt v. Shell Oil Company |
Appellant, Robert Writt, challenges the trial court’s rendition of summary judgment in favor of appellees, Shell Oil Company and Shell International, E&P, 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 to make defamatory statem $0 (02-14-2013 - TX) |
Jim Maxwell v. County of San Diego |
Around 10:50 PM on December 14, 2006, Lowell, a San Diego County Sheriff’s Department deputy, shot Kristin in the jaw with his Glock .40 caliber service pistol in the couple’s bedroom.1 At the time, Lowell and Kristin lived in “depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions $0 (02-14-2013 - CA) |
Kenneth Bailey v. George Pataki |
14 This appeal requires us to decide whether the civil |
Tracy Keith v. Richard D. Koerner |
Plaintiff-Appellee Tracy Keith, a former inmate, filed a civil rights complaint pursuant to 42 U.S.C. § 1983, alleging violations of her rights under the Eighth Amendment. App. 2. She named as Defendants former warden Richard Koerner and other Kansas Department of Corrections employees. Id. Mr. Koerner appeals from the district court’s denial of qualified immunity. See Keith v. Werholtz, No. 11 $0 (02-12-2013 - KS) |
Roger Schanzenbach v. Town of La Barge, Wyoming |
Plaintiff Roger Schanzenbach sought to install mobile manufactured homes on two properties he owned in the town of LaBarge, Wyoming. The town council initially granted him a building permit for one property but revoked it about two weeks later and then enacted an ordinance that included a provision banning the installation of any manufactured home older than 10 years at the time of the relevant pe $0 (02-08-2013 - WY) |
Allstate Sweeping, L.L.C. v. Calvin Black |
Plaintiff Allstate Sweeping, LLC (Allstate) is owned and operated by two white women: Martha Krueger and Barbara Hollis. In January 2006 it began performing pressure-washing services at Denver International Airport (DIA) under a contract with the City and County of Denver (Denver). Although the contract term was through July 2008, it was terminated by Denver on July 1, 2007. Defendant Calvin Black $0 (02-08-2013 - CO) |
Theodore L. Hansen v. PT Bank Negara Indonesia (Persero) |
Plaintiffs-Appellants Theodore L. Hansen, Interstate Energy Corp. and Triple M, L.L.C., appeal from the district court’s judgment in favor of Defendant- Appellee PT. Bank Negara Indonesia (Persero) Tbk. (“BNI”). BNI is a banking corporation established under the laws of Indonesia. Plaintiffs sued BNI and various other defendants based on BNI’s refusal to honor certain bank guaranties and l $0 (02-06-2013 - UT) |
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