Immunity Law
 
John V. Furry v. Miccosukee Tribe of Indians of Florida d/b/a Miccosukee Resort & Gaming

The appeal presents us with tragic facts; it also yields a straightforward legal resolution. John Furry, as personal representative of the estate of his daughter Tatiana Furry, appeals the district court’s order granting the Miccosukee Tribe’s motion to dismiss his complaint. Furry complained that the Miccosukee Tribe violated 18 U.S.C. § 1161 and Florida’s dram shop law by knowingly servin

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Arizona v. United States

An Arizona statute known as S. B. 1070 was enacted in 2010 to address pressing issues related to the large number of unlawful aliens in the State. The United States sought to enjoin the law as preempted. The District Court issued a preliminary injunction preventing four of its provisions from taking effect. Section 3 makes failure to comply with federal alien-registration requirements a state misd

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Sherry Luckert v. Dodge County

Troy Sampson committed suicide while detained at the Dodge County Jail (DCJ) in Fremont, Nebraska. Sampson’s mother, Sherry Luckert, acting as the personal representative of Sampson’s estate, sued Dodge County and jail officials under 42 U.S.C. § 1983, claiming they were deliberately indifferent to Sampson’s medical needs, violating his due process rights. A jury found Dodge County and DCJ

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University of Florida Board of Trustees v. Marguerite Stone

Appellee, the plaintiff below, brought a wrongful death suit against the University of Florida Board of Trustees (UFBOT) after her husband, Ronald Pat Stone, died at a UFBOT medical facility. The jury awarded Appellee approximately $2.8 million in damages, and after the trial court denied UFBOT’s post-verdict motions and entered final judgment in accordance with the verdict, UFBOT timely appeale

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The City of Houston v. Kelvin Atkins

The City of Houston appeals the trial court’s interlocutory order denying its plea to the jurisdiction.1 In its sole issue, the City contends that the trial court erred in denying its plea because it has immunity pursuant to subsection (b) of the election-of-remedies provision of the Texas Tort Claims Act.

We affirm.

Background Summary

Kelvin Atkins sued the City of Ho

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The Univesity of Texas Medical Branch at Galveston v. Lola Tatum

Appellees, Lola Tatum, individually and as a next friend of Dwight Tatum, Sandy Tatum, Lola Priscilla Tatum, Dwight Tatum, Jr., and Dwayne Tatum (collectively, “the Tatums”), sued appellant, The University of Texas Medical Branch at Galveston (“UTMB”), for medical malpractice for the loss of a bone flap removed from Dwight Tatum’s skull. UTMB filed a plea to the jurisdiction and motion t

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Ron Thayer v. Washington County School District

¶1 This case arises from a lawsuit in federal district court over the death of fifteen-year-old Tucker Thayer. In that suit, Tucker’s parents allege that Washington County School District officials were negligent when they allowed a gun loaded with blank cartridges to be used in a school musical production, resulting in their son’s death. The school district asserts governmental immunity from

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Wonzie Barrientos v. Matt Jones

¶1 Eighteen-month-old Wonzie Barrientos’s mother, Jessica Nelson, was killed in a car accident, the tragic result of a high-speed chase in which an Ogden City police officer pursued a speeding car that ultimately crashed into Nelson’s car. Plaintiff sued the police officer and Ogden City for negligence. Ogden City defended the case on the ground that it had governmental immunity and, if it di

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Kenneth E. Haggard v. John S. Stevens

Kenneth Haggard and Maryann Tomczyk filed this Bivens action against John Stevens, an investigator for the Federal Deposit Insurance Corporation. After they filed suit, Stevens died. The district court held that Stevens’s death extinguished the Bivens claim, and dismissed the suit. We agree with the district court and affirm.

I.

The plaintiffs are the sole shareholder and the Chair

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Jose Chavez v. United States of America

Between 1995 and 2001, plaintiffs Jose and Maria Elena Chavez operated a shuttle service between Sesabe, Arizona and Tucson, Arizona. Plaintiffs allege that Border Patrol agents stopped their shuttle repeatedly and in violation of their Fourth Amendment rights. Based on these allegations, the plaintiffs bring claims not only against the agents who stopped them, but also against supervisors who the

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Daniel Simmonds v. Genesee County

Daniel Simmonds appeals the district court’s grant of the defendants’ motions for summary judgment on the basis of qualified immunity. As the defendants’ actions entitled them to qualified immunity, we AFFIRM.

I.

A. Factual Background

On November 23, 2007, Genesee County police received multiple 911 calls regarding Kevin Simmonds’s threatening behavior. Kevin’s fathe

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Michael C. Turner v. Ronald O. McGee

Michael Turner, a member of the Kiowa Tribe, was charged by Oklahoma state authorities with instituting or encouraging cockfighting. The state court rejected Turner’s argument that the crime took place in Indian Country as defined under 18 U.S.C. § 1151. While state prosecution was ongoing, Turner requested that the Court of Indian Offenses for the Kiowa Tribe enjoin the state proceeding. That

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Match-E-Be-Nash-She-Wish Bank of Pottawatomi Indians v. Patchak

A provision of the Indian Reorganization Act (IRA), 25
U. S. C. §465, authorizes the Secretary of the Interior(Secretary) to acquire property “for the purpose of providing land for Indians.” Ch. 576, §5, 48 Stat. 985. The Secretary here acquired land in trust for an Indian tribe seeking to open a casino. Respondent David Patchak livesnear that land and challenges the Secretary’s decisi

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Yusuf Elias Farran v. Canutillo Independent School District

Yusuf Elias Farran appeals from an order granted a plea to the jurisdiction filed by the Canutillo Independent School District and dismissing Farran’s claims with prejudice. We affirm in part and reverse and remand in part.



FACTUAL SUMMARY

CISD hired Farran in 2004 for the position of Construction Administrator and he was later promoted to Executive Dire

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Daniel Gawlikowski v. Steven Thomas Sikes

Appellant, Daniel Gawlikowski, challenges the trial court’s entry, after a bench trial, of a judgment in favor of appellee, Steven Thomas Sikes, awarding Sikes damages in his suit for libel[1] and intentional infliction of emotional distress. In three issues, Gawlikowski contends that Sikes’s claims are barred under the pertinent statute of limitations,[2] his allegedly libelous statements

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Domino's Pizza, LLC v. Christopher Umanzor

While in the course and scope of his employment as a delivery driver for appellant Domino’s Pizza, L.L.C., (hereinafter, Domino’s, L.L.C.) appellant Hugo Espinosa ran over fifteen­‑year‑old appellee Christopher Umanzor, who had been riding his skateboard. Seeking damages for the serious injuries suffered by Christopher, his parents, appellees Manuel Umanzor and ­Letitia Umanzor

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Michael Handt v. Steve Koffron

After suffering a month-long incarceration that was not ordered by a state court, plaintiff Michael Handt brought this 42 U.S.C. § 1983 action, alleging that his federal and state constitutional rights were violated when the defendants unlawfully seized, searched, and detained him. Steve Koffron, Mark Jacobsen, Steve Takes, and Carrie Carson (collectively “defendants”) moved for summary judgm

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Josephine Okwu v. Cindy McKim

This appeal presents the issue of whether a state employee may sue state officers under 42 U.S.C. § 1983 for alleged violations of Title I of the Americans with Disabilities Act, 42 U.S.C. §§ 12111-12117. The defendants in this case determined that Plaintiff Josephine Okwu’s psychological disorders made her unfit for reinstatement from disability retirement to active service with the Californ

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George T. Paeth v. Worth Township

George and Margaret Paeth faced many hurdles from Worth Township in trying to renovate their home. Eventually, they took the Township to court, where a jury awarded them $600,000 on First Amendment retaliation and procedural due process claims. The Paeths did not establish a procedural due process violation, because the process they were afforded was constitutionally sufficient. There was, however

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Jason Westerfield v. United States of America

This is an appeal from an interlocutory ruling by the district court denying qualified immunity to two defendant law enforcement officers on plaintiff’s claim under 42 U.S.C. § 1983 that they violated his constitutional right to a fair trial by wrongfully suppressing evidence favorable to him.1 Defendants contend the subject evidence was not “material” and its nondisclosure was not a Brady

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Jane Doe v. Blake F. Sinrod

Appellant, Jane Doe, appeals the trial court’s final order of dismissal with prejudice granting appellee’s, Palm Beach County School Board (“School Board”), motion to dismiss her amended complaint. We hold that the trial court did not err in dismissing with prejudice Doe’s claims against the School Board because she failed to comply with the time limitations placed on her asserted claims

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Kendall Tucker v. Karl Williams

After investigating a report that Kendall Tucker was in possession of a stolen backhoe, Karl Williams, a state law enforcement investigator, seized the backhoe without a warrant. Tucker brought a civil rights action in district court, claiming that his rights under the Fourth Amendment and Due Process Clause were violated. The district court disagreed and dismissed Tucker’s claims on summary jud

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Jacobia Twiggs v. John Selig

Defendants Ron Angel and John Selig appeal from the district court's denial of summary judgment on the basis of qualified immunity. Defendants raised this defense against Jacobia Twiggs's claim of gender discrimination, which she brought after being fired for untruthfulness in connection with the release of a youth resident from residential custody. We reverse the district court, finding Angel and

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The City of Houston v. Enrique Guzman

The City of Houston brings this interlocutory appeal from the trial court’s order denying its plea to the jurisdiction on the negligence claims of appellee, Enrique Guzman.[1] In its sole issue, the City contends that because Guzman chose to file suit against both the City and its employee, Brent Foltz, regarding the same subject matter, Guzman’s claims against the City were barred by section

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Chaunte Ott v. City of Milwaukee

Following his vindication after his wrongful conviction and incarceration for the 1995 murder of Jessica Payne, Chaunte Ott brought a civil rights action against the City of Milwaukee and several police officers. That case is still pending. This appeal was filed when Ott served subpoenas on two non-party state agencies, the Wisconsin Crime Laboratory and the Wisconsin Department of Corrections. Ra

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AK Morlan
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