| Michael Wirzburger, et al. v. Willaim F. Galvin, Secretary of State, et al. |
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Plaintiffs-appellants would like to amend the Massachusetts Constitution to allow public financial support to be directed toward private, religiously affiliated schools. Plaintiffs attempted to propose their amendment through the Massachusetts initiative procedure, but two distinct provisions of the Massachusetts Constitution prevented initiatives on this subject. They now challenge these subje... More... $0 (06-29-2005 - MA) |
| David Doran v. Dennis C. Eckold |
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At 10:00 p.m. on the evening of August 11, 1998, Kansas City police executed a warrant to search the home of David Doran for drugs and other contraband, using a tactic called "dynamic entry." Officer Ty Grant, serving as "ram officer," yelled "Police, search warrant," and immediately hit the front door with his ram, breaking in on the third hit. Officer Mark Sumpter as point man entered t... More... $0 (06-06-2005 - MO) |
| Walter Leopoldo Espinoza-Franco v. John Ashcroft, Attorney General of the United States |
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Walter Leopoldo Espinoza-Franco was convicted under an Illinois statute of felony sexual abuse of his daughter. The Immigration and Naturalization Service (now Department of Homeland Security) began proceedings against him, arguing that he is removable because he committed "sexual abuse of a minor" - an aggravated felony under the Immigration and Nationality Act. After a hearing, an Immi... More... $0 (01-03-2005 - IL) |
| Balboa Island Village Inn, Inc. v. Anne Lemen |
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We hold an injunction absolutely enjoining defendant Anne Lemen from making certain statements adjudicated to be defamatory under common law causes of action for libel and slander constitutes a content-based prior restraint on speech in violation of the First Amendment to the United States Constitution and article I, section 2, subdivision (a) of the California Constitution. A content-bas... More... $0 (08-12-2004 - CA) |
| Randy Welty v. City of San Bernardino |
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Randy Welty, the owner of Manta Management which operates the "Flesh Club" in San Bernardino, claimed that the city violated his rights when it closed his business in 1995 claiming that he was operating a house of prostitution. ... More... $1400000 (06-04-2004 - CA) |
| The Estate of Earl Samuel Rogers, Jr. |
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On April 13, 2000, the respondents-appellants Hilda E. Rogers, Juliet R. Rogers, and Oleta Merseberg [hereinafter, collectively, "the respondents"] filed an interlocutory appeal from the order of the first circuit court, the Honorable Virginia L. Crandall presiding, denying the respondents' motion to dismiss or, in the alternative, for judgment on the pleadings and/or summary judgment [hereinaf... More... $0 (12-29-2003 - HI) |
| Araceli Agustina Osornio v. The State of Texas |
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The jury convicted Araceli Agustina Osornio of possession of a controlled substance, cocaine. The trial court assessed her punishment at 5 years confinement and a $2,000 fine. The trial court suspended imposition of the confinement portion of the sentence and placed appellant on community supervision for 5 years. We affirm. In her first and second issues on appeal, appellant a... More... $0 (12-12-2003 - TX) |
| The People of the State of Colorado v. Terry Scearce |
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Defendant, Terry Scearce, appeals the judgment of conviction, habitual offender sentence, and order of restitution, entered following a jury verdict finding him guilty of conspiracy to commit aggravated robbery. We reverse the judgment of conviction, vacate the habitual criminal adjudication and restitution order, and remand the case for a new trial. Defendant was charged in this case w... More... $0 (12-04-2003 - CO) |
| Flona M. Heideman, et al. v. South Salt Lake City |
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South Salt Lake City is a municipality of some 9,800 people, located immediately south of Utah's capital. The City's main artery, State Street or U.S. Highway 89, was the primary north-south highway in the area prior to construction of Interstate-15. State Street is the locus of a virtually uninterrupted string of gas stations, retail outlets, fast food restaurants, pawn shops, used car dealers... More... $0 (11-05-2003 - UT) |
| Las Vegas Downtown Redevelopment Agency v. Pappas |
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This is an appeal from a district court order granting respondents' motion to dismiss in an eminent domain action and a cross-appeal from a district court order dismissing respondents' counterclaims in the same action.[2] Appellants/cross-respondents, the City of Las Vegas Downtown Redevelopment Agency (Agency), Fremont Street Experience Limited Liability Company, and Fremont Street Experience... More... $0 (09-08-2003 - NV) |
| William J. Quigley, et al. v. Saul F. Rosenthal, Anti-Defamation League |
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Plaintiffs William and Dorothy "Dee" Quigley are residents of Evergreen, Colorado, an upscale suburb in the foothills west of Denver. In August 1994, Mitchell and Candice Aronson moved into a house near the Quigleys. The initial interactions between the Quigleys and the Aronsons were positive. For example, the Quigleys hosted a "welcome party" so the Aronsons could become acquainted with the re... More... $0 (04-23-2003 - CO) |
| Phillip G. Daugherty v. Tommy G. Thompson, Secretary of Department of Health & Human Services; and Department of Health and Human Services |
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In 1982, while serving in the Marine Corps, Daugherty was convicted of the following violations of the Uniform Code of Military Justice: (1) Article 128assault; (2) Article 134(a) unlawful entry into quarters and (b) breaking and entering quarters with intent to commit an assault; and (3) Article 134indecent assault with intent to gratify his lust and/or sexual desires and being drunk and di... More... $0 (03-18-2003 - OK) |
| In The Interest of J.D. |
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Appellant bore three children out of wedlock. In March 1998, Appellant's parental rights to her daughter C.D. were terminated, due, in part, to violations of subsections D and E of section 161.001(1) of the family code.(2) Appellant also gave another child up for a private adoption because she did not want to raise the child, in addition to J.D., without being married. In 1999, the police we... More... $0 (02-13-2003 - TX) |
| In the Matter of the Guardianship of Jeanette Lynn Hinrichse |
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In this guardianship case, we must determine whether the evidence is legally and factually sufficient to support the trial court's finding that the applicant/appellee, Harris County Guardianship Program ("the Program"), proved by clear and convincing evidence that respondent/appellant, Jeanette Lynn Hinrichsen, was incapacitated, that guardianship was in her best interest, and that her rights woul... More... $0 (02-13-2003 - TX) |
| Beatryce Hall vs. Texas Department of Protective and Regulatory Services |
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This is an appeal from the trial court's decree terminating appellant Beatryce Hall's parental rights to her child, M.C.H. In support of the termination of parental rights, the trial court found as follows: (1) Hall "engaged in conduct or knowingly placed [M.C.H.] with persons who engaged in conduct which endangers the physical or emotional well-being of [M.C.H.]" Tex. Fam. Code Ann. § 161.... More... $0 (02-13-2003 - TX) |
| Marcelo Rodriguez v. Georgios Kyriacos Panayiotou |
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Plaintiff-Appellant Marcelo Rodriguez ("Rodriguez") brought this action against Defendant-Appellee Georgios Kyriacos Panayiotou, aka George Michael ("Michael"), for slander per se and intentional infliction of emotional distress, based on statements made by Michael in magazine and televi-sion interviews regarding Rodriguez's 1998 arrest of Michael, and the lyrics and video of Michael's newly... More... $0 (12-03-2002 - CA) |
| Empress Adult Video and Bookstore, et al. v. City of Tucson |
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Appellants Empress Adult Video and Bookstore and Osco Communications Group (collectively, Empress) operate an adult-oriented business that principally sells and rents nonobscene, sexually explicit materials and predominantly features nonobscene, sexually explicit live performances. 1 As a result, A.R. S. § 13-1422, in conjunction with A.R. S. § 11-821, requires Empress to close between 1:00 a.... More... $0 (11-29-2002 - AZ) |
| Z.J. Gifts D-4, L.L.C. v. City of Littleton |
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This case raises several First Amendment issues, including one in which the circuits are substantially divided: namely, the extent to which prompt judicial review must be assured in adult-business licensing cases. Plaintiff Z.J. Gifts D-4, L.L.C. ("ZJ") brought an action under 42 U.S.C. § 1983 challenging the City of Littleton's ("City's" or "Littleton's") adult business ordinance as unconstitutio... More... $0 (11-20-2002 - CO) |
| Patricia Johnson and Michael Au France v. City of Cincinnati |
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The City of Cincinnati appeals the decision of the district court declaring the City's drug-exclusion ordinance, Cincinnati Municipal Code § 755, unconstitutional on its face, and unconstitutional as applied to plaintiffs Patricia Johnson and Michael Au France, and awarding plaintiffs attorney fees. For the reasons set forth below, we AFFIRM the judgment of the district court. I. A. ... More... $0 (09-26-2002 - OH) |
| Giovani Carandola, et al. v. George Bason, et al. |
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In this case, the North Carolina Alcoholic Beverage Control Commission (the Commission) appeals from the district court’s order preliminarily enjoining it from enforcing certain state restrictions on nudity and other conduct, pending the outcome of a trial. For the reasons stated herein, we affirm in part and vacate in part. I. Giovani Carandola, Ltd. operates Christie’s Ca... More... $0 (09-03-2002 - NC) |
| Kerry Stinnett v. Iron Works Gym/Executive Health Spa, Inc. |
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The law allowing victims of sexual harassment to sue their employers applies only to those businesses with fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year. See 42 U.S.C. § 2000e(b). In order to proceed in his sexual harassment claim, Kerry Stinnett was thus required to show that his employer, Iron Works Gym/Ex... More... $0 (08-26-2002 - IL) |
| Baby Dolls Topless Saloons, Inc. v. City of Dallas, Texas |
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Primarily at issue is whether the City of Dallas violated certain establishments' First Amendment rights when it amended its City Code to effectively require female performers to wear bikini tops, among other things, in order for those establishments to avoid being classified as sexually oriented business (SOBs), subject, inter alia, to zoning restrictions. Plaintiff and Intervenors (Plaintiffs), ... More... $0 (07-15-2002 - TX) |
| Richland Bookmart, Inc. d/b/a Town and Country v. Randall E. Nichols |
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In 1995, Richland Bookmart, Inc. (Bookmart), the operator of an adult-oriented video and book store, brought suit against Randall E. Nichols, the District Attorney for Knox County, Tennessee, challenging Tennessee's Adult-Oriented Establishments Act of 1995 (the Act) on the grounds that it violated both the First Amendment and the Equal Protection Clause of the Fourteenth Amendment of... More... $0 (01-23-2002 - TN) |
| Richland Bookmart, Inc., d/b/a Town and Country v. Randall E. Nichols |
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In 1995, Richland Bookmart, Inc. (Bookmart), the operator of an adult-oriented video and book store, brought suit against Randall E. Nichols, the District Attorney for Knox County, Tennessee, challenging Tennessee's Adult-Oriented Establishments Act of 1995 (the Act) on the grounds that it violated both the First Amendment and the Equal Protection Clause of the Fourteenth Amendment of the United S... More... $0 (01-23-2002 - TN) |
| John Ways v. City of Lincoln |
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John Ways brought this action to challenge the constitutionality of a now repealed Lincoln ordinance prohibiting sexual contact in entertainment businesses. The district court 1 enjoined enforcement of the ordinance after concluding that it was unconstitutionally overbroad in violation of the First Amendment. We affirm. The Lincoln City Council passed Ordinance No. 17613, codified as Lincol... More... $0 (12-14-2001 - NE) |
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