Immunity Law
 
Debbie Wheat v. State of Oklahoma, ex rel. Tulsa County District Attorney

Debbie Wheat sued the State of Oklahoma, ex rel. Tulsa County District Attorney on a discrimination theory.

Plaintiff grounds one of her Burk tort claims on TCDA’s alleged age discrimination in violation of public policy expressed in the Oklahoma Anti-Discrimination Act. Since there is no dispute TCDA is a State agency subject to the OTCA, Plaintiff also has alleged that she “has fully

More...   $175000 (11-10-2012 - OK)

Taylor Nelms v. State of Oklahoma, ex rel. Northwetern Oklahoma State University

1. Plaintiff Taylor Nelms is a resident of the State of Oklahoma.

2. Defendant State of Oklahoma, ex rel. Northwestern Oklahoma State University (“Northwestern”), is a political subdivision of the State of Oklahoma.

3. This Court has jurisdiction over the parties and the subject matter of this action, and the venue is proper in Oklahoma County.

4. During the Fall of 2009,

More...   $25000 (11-06-2012 - OK)

Chino MHC, L.P. v. City of Chino

Chino MHC, LP (the Owner) owns Lamplighter Chino Mobile Home Park in Chino. It applied to the City of Chino (the City) to convert the park to resident ownership. This is analogous to converting an apartment building into a condominium; it would mean subdividing the park into individual lots, which would be offered for sale to the residents. Resident ownership conversions are governed by Government

More...   $0 (10-31-2012 - CA)

City of Bruceville-Eddy, Texas v. Daniel Ferguson

Daniel Ferguson was terminated as the Chief of Police for the City of Bruceville-Eddy by the City Council effective August 11, 2011. Ferguson ultimately sued the City for declaratory relief. In response, the City filed a motion to dismiss for lack of jurisdiction asserting immunity from suit. The trial court denied the motion, and the City appealed. Because the trial court erred in denying the Cit

More...   $0 (11-02-2012 - TX)

Abbas Khoshdel .M.D. v. Charles Goosby

In this interlocutory appeal, Appellants Abbas Khoshdel, M.D., Lloyd Aschberger, P.A., Terry Pursley, and Jamie Williams1 appeal the trial court’s denial of their motion for summary judgment on their qualified-immunity affirmative defense to Appellee Charles Goosby’s claim for deliberate indifference to a serious medical need. Goosby, an inmate at the Wynne Unit in Huntsville, sued Dr. Khoshde

More...   $0 (11-01-2012 - TX)

Bashe Abdi Yousuf v. Mohamed Ali Samantar

For the second time in this case, we are presented with the question of whether Appellant Mohamed Ali Samantar enjoys immunity from suit under the Torture Victim Protection Act of 1991 ("TVPA"), see Pub. L. 102-256, 106 Stat. 73 (1992), 28 U.S.C. § 1350 note, and the Alien Tort Statute ("ATS"), see 28 U.S.C. § 1350. In the previous appeal, we rejected Samantar’s claim to statutory immunity und

More...   $0 (11-02-2012 - VA)

Texas Park and Wildlife Department v. James Franklin

In this interlocutory appeal, the Texas Parks and Wildlife Department argues that the election of remedies provision of the Texas Tort Claims Act bars James Franklin’s suit.1 See Tex. Civ. Prac. & Rem. Code Ann. § 101.106(b), (e) (West 2011).2 We conclude that Franklin could pursue his claim against the Department; therefore, the trial court did not err in denying the Department’s motion to d

More...   $0 (11-01-2012 - TX)

Robert L. Wynne v. Rebecca A. Klein

Appellant Robert L. Wynne, D.D.S., sued the members of the board of directors of the Lower Colorado River Authority (1) (collectively, "the Board members") in their official capacities seeking injunctive and declaratory relief regarding the LCRA's maintenance of the waters of Lake Travis. The Board members filed a plea to the jurisdiction, asserting that sovereign immunity barred the suit because

More...   $0 (11-02-2012 - TX)

Muscogee (Creek) Nation, Division of Houston v. United States Department of Urban Development

The dispute in this case involves interest earned on block grants made to Indian tribes pursuant to the Native American Housing Assistance and Self-Determination Act of 1996, 25 U.S.C. §§ 4101-4243. Specifically, Appellant Muscogee (Creek) Nation Division of Housing challenges both a regulation placing a two-year limit on the investment of grant funds and two notices issued by the U.S. Departmen

More...   $0 (10-30-2012 - OK)

Mark A. Van Gelder v. June M. Johnson

Divorcing parents were required by a dissolution decree to engage a parenting consultant to resolve parenting disputes. The father sued the parenting consultant for negligence and breach of contract for her parenting-consultant decisions. The district court entered summary judgment dismissing the suit, holding that the consultant was entitled to quasi-judicial immunity. We hold that the district c

More...   $0 (10-22-2012 - MN)

Dorothy Ollie v. Plano Independent School District

Dorothy Ollie brought breach of contract and tort claims against the Plano Independent School District (PISD), Tamira Griffin, individually and as the PISD’s Executive Director of Human Resources, Douglas Otto, individually and as the PISD’s Superintendent of Schools, and Tammy Richards, individually and as President of the PISD’s Board of Trustees, based on the termination of Ollie’s empl

More...   $0 (10-25-2012 - TX)

Amy C. Miller v. Carolyn N. Johnson, M.D.

Amy C. Miller sued her doctor, who mistakenly removed her left ovary during a laparoscopic surgery intended to take the right ovary, and a jury awarded her $759,679.74 in damages. But the district court reduced that amount by $425,000 because of a state law limiting noneconomic damages in personal injury lawsuits and a posttrial ruling finding her evidence of future medical expenses insufficient.

More...   $0 (10-25-2012 - )

Linda Coolick v. Abigail Hughes

This is an appeal from a denial of a renewed motion for summary judgment by the United States District Court for the District of Connecticut (Eginton, J.). Defendant-Appellant Abigail Hughes (“Hughes”), the Superintendent of the Connecticut Technical High School System, renewed a motion for summary judgment, arguing that she is entitled to qualified immunity in this § 1983 action in which Hug

More...   $0 (10-25-2012 - CT)

Richard Kaufman v. Jonathan Higgs

The appeal in this civil action is taken from the district court’s order granting summary judgment to the Defendants-Appellees in a civil rights action brought under 42 U.S.C. § 1983. Plaintiff-Appellant Kaufman brought the action alleging that the Defendants had violated his constitutional rights by arresting him without probable cause. The district court had jurisdiction under 28 U.S.C. § 13

More...   $0 (10-24-2012 - CO)

OSU Student Alliance v. Ed Ray

The complaint alleges that employees in Oregon State University’s Facilities Department gathered up the outdoor newsbins belonging to the Liberty, a conservative student monthly, and threw them in a heap by a dumpster in a storage yard. The employees acted pursuant to an unwritten and previously unenforced policy governing newsbins on campus. They did not notify anyone at the Liberty before conf

More...   $0 (10-24-2012 - OR)

Laurie Tsao, AKA Laurie Chang v. Desert Palace, Inc.

Plaintiff-Appellant Laurie Tsao is a so-called “advantage” gambler—a professional gambler who uses legal techniques, such as card counting, to win at casino table games, especially blackjack.1 She was arrested at Caesars Palace (a casino owned by the Defendant-Appellee Desert Palace) for trespassing and obstructing the duties of a police officer, and now challenges that arrest as unconstitut

More...   $0 (10-24-2012 - CA)

Susan DeBoer v. Senior Bridges of Sparks Family Hospital, Inc. d/b/a Northern Nevada Medical Center

In this appeal, we examine the duty of care owed by a medical facility when performing nonmedical functions. While we have embraced the duty owed by a medical facility towards its patients with respect to medical treatment, see Wickliffe v. Sunrise Hospital, 101 Nev. 542, 548, 706 P.2d 1383, 1388 (1985) (holding “that a hospital is required to employ that degree of skill and care expected of a

More...   $0 (08-09-2012 - NV)

Vashir J. Xiong v. Michael Wagner

Racine County Human Services Department caseworker Michael Wagner removed Thor, a 12-year-old child, from his parents’ home and placed him into protective custody. Thor suffers from cerebral palsy, global developmental delay, and is confined to a wheelchair. Wagner commenced an investigation after receiving a referral from personnel at Thor’s middle school that had observed bruising on his arm

More...   $0 (10-19-2012 - WI)

Northern Arapaho Tribe v. Scott Harnsberger

Plaintiff-Appellant, the Northern Arapaho Tribe (“Appellant” or “Northern Arapaho”), sued various state and county officials in Wyoming, seeking an injunction against the state’s imposition of certain vehicle and excise taxes in an area that Appellant contends is Indian country. Appellant claimed that the state may not tax its members in Indian country, and that the Indian country status

More...   $0 (10-18-2012 - WY)

Wardell Leroy Giles v. Gary Campbell

Wardell Leroy Giles appeals the District Court’s denial of his motion to substitute Gary Campbell’s estate as a defendant pursuant to Federal Rule of Civil Procedure 25(a). For the reasons that follow, we will vacate the District Court’s order and remand for further proceedings consistent with this opinion. .

I.

Giles was a prisoner serving time in the Delaware penal system at

More...   $0 (10-16-2012 - DE)

Carroll White v. Burdette Searcey

In 1989, Plaintiff Joseph White was convicted by a Nebraska jury of felony murder in the February 1985 rape and murder of Helen Wilson in Beatrice, Nebraska. The prosecution’s case against White was based primarily on the testimony and confessions of White’s co-defendants, Ada JoAnn Taylor, Thomas W. Winslow, James L. Dean, Kathleen A. Gonzalez, and Debra Shelden. White was sentenced to life i

More...   $0 (10-15-2012 - NE)

Wayne Charles v. City of Los Angeles

We are called upon to write another chapter in “the story
of billboards.” See World Wide Rush, LLC v. City of Los
Angeles, 606 F.3d 676, 680 (9th Cir. 2010). After decades of
litigation concerning the scope of permissible restrictions on
billboards, “[t]he question of the day is no longer whether cities
may regulate billboards at all, but is instead the extent to
whic

More...   $0 (10-15-2012 - CA)

Texas Department of Transportation v. Robyn Womac

This is an appeal by the Texas Department of Transportation (the Department) from a jury verdict in favor of appellee Robyn Womac in which Womac was awarded damages for injuries she incurred in a bicycle accident on a road in College Station, Texas. By three issues, the Department argues that: its sovereign immunity from Womac's suit was not waived because (1) the road condition that caused Womac'

More...   $0 (10-12-2012 - TX)

Michael Ruiz v. Safeway, Inc.

Appellants Michael and Lydia Ruiz filed a complaint against Safeway, Inc., (Safeway) under Business and Professions Code section 25602.1,1 seeking damages for their son‟s death in a car accident. Safeway filed a motion for summary judgment arguing it was entitled to prevail, as a matter of law, because it did not furnish or cause to be furnished alcohol to the minor who caused the accident withi

More...   $0 (10-13-2012 - CA)

Amarillo 'Dillas Baseball Club, LLC v. Potter County, Texas

Appellant, Amarillo ‘Dillas Baseball Club, LLC (Dillas), appeals the trial court’s granting of a plea to the jurisdiction filed by appellee, Potter County (County), based upon the County’s assertion of governmental immunity. We will affirm.

Factual and Procedural Background

The underlying basis of this dispute is a lease of a baseball stadium in Amarillo, Potter County, Texas.

More...   $0 (10-11-2012 - TX)

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