Immunity Law
 
Madame Habyarimana v. Paul Kagame

On April 16, 1994, over the Rwandan capitol of Kigali, two surface-to-air missiles brought down an aircraft carrying then Rwandan and Burundi Presidents, Juvenal Habyarimana and Cyprien Ntaryamira, both of Hutu ethnicity. The killings fueled the Rwandan genocide, which spread violence across East Central Africa and cost upwards of one million innocent victims their lives. Some believe the then Tut

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Craig E. Mendenhall v. Darryl E. Glenn

Appellant, Craig E. Mendenhall, appeals the trial court’s judgment granting summary judgment in favor of appellee, Darryl E. Glenn, and dismissing Mendenhall’s claims against Glenn. On appeal, Mendenhall maintains that the “purported final judgment does not reflect a statement of finality” and does not “conclusively resolve this case on the merits.” We will conclude otherwise and affir

More...   $0 (10-04-2012 - TX)

DSW Masters Holding Corp. and Mike LeBlanc v. Detective J. Tyree, Individually, National Insurance Crime Bureau, Jay Norris, Individually, Charles Roberts, Individually, Allstate Insurance Company, Geico Insurance Company, Kenneth Burton, AA Wrecker Service and Detective Josh Boyd

This appeal stems from an investigation and prosecution related to allegedly illegal business practices in repairing damage to automobiles. In seven issues, appellants and plaintiffs at trial, DSW Masters Holding Corp. (DSW) and Mike LeBlanc (LeBlanc), who is DSW’s president, ask us to reverse the trial court’s judgment granting the motions for summary judgment filed by the appellees listed ab

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Christopher G. Machado v. Weare Police Department

Christopher Machado brought a section 1983 action against several officers of the Weare, New Hampshire Police Department. 42 U.S.C. § 1983 (2006). Because Machado is currently incarcerated, his complaint was subject to screening under 28 U.S.C. § 1915A (2006); a magistrate judge recommended dismissal and the district court agreed. Machado now appeals. Because this is effectively a motion to dis

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Patricia Lemmons v. Allen Contracting, Inc.

1. This court has jurisdiction and venue because all the facts and circumstances of the subject accident occurred in Oklahoma County, Oklahoma; one or more of the Defendants may be served with process in Oklahoma County and the amount in controversy exceeds the jurisdictional minimum of$ 10,000.00.

2. Plaintiff, Patricia Lemmons, is the widow and Personal Representative for the Estate of Te

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Kyle Medcalf v. John Lee Cornell

COMES NOW the Plaintiff’s, Kyle Medcalf and Shari Medcalf, individually and as Husband and Wife, and Craig Medcalf, individually, by and through their attorney of record, Gary I. James, and files their Petition herein against the Defendant, John Lee Cornell. For their causes of action against said Defendant, Plaintiffs allege and state the following:

OPERATIVE FACTS

That on or

More...   $62500 (10-02-2012 - OK)

Kenneth Randy Whipple v. HCA Health Services of Oklahoma, Inc.

Commencing on or about the 3rd day of August, 2009 and continuing thereafter. the defendants, by and through their agents and/or employees, herein negligently rendered treatment below acceptable medical standards to the plaintiff Kenneth Randy Whipple.

2. Commencing on or about the 3rd day of August, 2009, and continuing thereafter, the defendants, by and through their agents and/br emplo

More...   $1 (10-02-2012 - OK)

County of Sacramento v. Tumbur Purba

Petitioner County of Sacramento (the County) unsuccessfully moved for summary judgment in this tort action, which is premised on the alleged failure of the Sacramento County Public Conservator (the conservator) to warn a care facility adequately about a conservatee’s history of violence. After placement at the facility, the conservatee injured one employee and killed another (Tumbur Purba and hi

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Calvin Thomas v. State of Illinois

The plaintiff brought suit under 42 U.S.C. § 1983 complaining of having been subjected to cruel and unusual punishments while an inmate of an Illinois state prison. The defendants are the state and the state agency that operates the prisons. The suit alleged that the plaintiff’s cell had been infested with mice and cockroaches and that a window pane was missing and as a result rain came into hi

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Opulent Life Church v. City of Holly Springs, Mississippi

Until the eve of oral argument, the City of Holly Springs, Mississippi, had on its books a zoning ordinance that explicitly singled out “churches” for unfavorable treatment, albeit not for the outright banning of their presence from particular locations. The night before we heard argument, Holly Springs amended its ordinance, this time to ban “[c]hurches, temples, synagogues, mosques, and ot

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The University of Texas M.D. Anderson Cancer Center v. Robert K. Tcholakian

Appellee Robert K. Tcholakian filed a petition for Rule 202 deposition, seeking to depose a corporate representative of the University of Texas M.D. Anderson Cancer Center “to investigate potential claims Petitioner may have against [M.D. Anderson] and/or others.” In response, M.D. Anderson filed a plea to the jurisdiction on sovereign immunity grounds. The trial court denied the motion, and M

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Gary M. Jones v. Vito Scotti

Steven S. Howitt (“Howitt”), at all times relevant to the issues before us, a Selectman for the Town of Seekonk, Massachusetts, and Gary M. Jones (“Jones”), a Captain with its Police Department(“SPD”), appeal the adverse grant of summary judgment on their First Amendment and defamation claims, stemming from two encounters between Howitt and private investigator Coleman Wholean (“Who

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Ward Churchill v. The University of Colorado at Boulder

¶1 In this appeal, we review the court of appeals’ opinion in Churchill v. Univ. of Colo. at Boulder,No. 09CA1713, 2010 WL 5099682 (Colo. App. Nov. 24, 2010). The underlying civil action involves claims brought by Professor Ward Churchill pursuant to 42 U.S.C. § 1983 (2011) after his tenured employment was terminated by the Board of Regents of the University of Colorado. Churchill alleges

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Harold C. Hall v. City of Los Angeles

Harold C. Hall appeals the district court’s order granting summary judgment to the City of Los Angeles and individual defendants Mark Arneson and Kenneth Crocker (collectively, “Appellees”) in this action brought pursuant to 42 U.S.C. § 1983. We conclude that the district court properly granted summary judgment to Appellees on Hall’s fabrication-ofevidence claim, and we affirm on that bas

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John Jarmie v. Frank Troncale

The principal issue in this appeal is whether a physician who fails to advise an unaware patient of the potential driving risks associated with her underlying medical condition breaches a duty to the victim of the patient’s unsafe driving because of the failure to advise. The plaintiff, John Jarmie, appeals from the judgment of the trial court in favor of the defendants, Frank Troncale, a physic

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Tracey Haynes v. City of Middletown

The named plaintiff, Tracey Haynes, on her own behalf and on behalf of the plaintiff Jasmon Vereen, her minor son, brought this action against the defendant, the city of Middletown, claiming that Vereen had incurred injuries when a fellow student at Middletown High School pushed him into a broken locker.

Responding to the plaintiffs’ complaint, the defendant filed its answer and special d

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Kelly Ramos v. Herbert Flowers

Plaintiff Kelly Ramos appeals the Law Division's April 29, 2011 order granting defendant Herbert Flowers' motion for summary judgment and dismissing his complaint with prejudice. We reverse and remand for further proceedings consistent with this opinion.

I.

We discern the following facts and procedural history from the record on appeal. Because we are reviewing a motion for summary j

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Steven J. Winters v. North Hudson Regional Fire and Rescure

In this matter, we consider whether a plaintiff, who was removed from public employment after positing a claim of employer retaliation in a civil service disciplinary proceeding, should be barred from seeking to circumvent that discipline through a subsequent Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, action also alleging retaliation. We hold that, under these facts, p

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Gordon R. Gross v. City of Houston

Appellant, Gordon R. Goss, appeals the trial court’s grant of the plea to the jurisdiction filed by appellee, the City of Houston (“the City”). The appeal arises from the dismissal of Goss’s claims for violations of the Texas Commission on Human Rights Act (“TCHRA”), conspiracy to violate the TCHRA, and intentional infliction of emotional distress. In four issues, Goss argues the trial

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Tinna Dilts v. United Group Services,LLC

Tinna Dilts, as ancillary administratrix of the Estate of Rickie Dilts, and Sandi Neace, as administratrix of the Estate of Matthew Collins, brought a wrongful death action against Defendants Maxim Crane Works, L.P., United Group Services, LLC, North American Stainless Steel, and Siemens Industry, Inc. The district court granted summary judgment to all three Defendants. Dilts argues on appeal that

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Lee Ann Tincher v. Larry Owsley

Appellant Lee Ann Tincher appeals the decision of the United States District Court for the Western District of Kentucky granting dismissal to Defendants in Plaintiff’s suit alleging a violation of a property interest in her employment and a deprivation of her due process rights.

For the reasons set forth below, we AFFIRM the district court’s dismissal.

BACKGROUND

Plaintiff

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Maria E. Mills v. The Solution, LLC

The plaintiff, Maria E. Mills, executrix of the estate of Clarence Israel Mills (decedent), appeals from the summary judgments rendered by the trial court in favor of the defendants the city of Bridgeport (city); Philip C. Handy, the director of the city’s department of parks and recreation; Anthony Armeno, the city’s acting chief of police at the time of the subject incident; 5 Star Amusement

More...   $0 (09-16-2012 - CT)

The City of Fort Worth v. Cicilia Jacobs

This is an interlocutory appeal by Appellant the City of Fort Worth from the trial court’s order that granted in part and denied in part the City’s plea to the jurisdiction. Based on allegedly discriminatory and unconstitutional employment practices, Appellee Cecilia Jacobs filed suit against the City asserting, in addition to other claims not at issue here, violations of her rights under t

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N.R. Doe v. St. Francis School District

This suit, by a 14-year-old eighth grader and his parents (whom we can ignore, and so we refer to the boy as the plaintiff), seeks to impose liability on the school district for sexual abuse by a 26-yearold female teacher, Kelly Sweet, no longer employed by the school. The plaintiff is of course not named “N.R. Doe” but is being permitted to litigate pseudonymously.

The suit alleges t

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Allen King v. Eric Taylor

This case involves the shooting death of Roger King by Kentucky State Trooper Eric Taylor. Taylor, along with officers from the Sheriff’s Office for Boyle County, Kentucky, were attempting to arrest King at his home. Taylor alleges that he shot and killed King in self-defense and/or in defense of his fellow officers. The administrators of King’s estate brought this action, asserting claims aga

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