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Constitutional Tort Law
 
STATE OF KANSAS v. RICHARD L. JOHNSON

As part of an agreement with the State, Johnson pleaded guilty to involuntary manslaughter in February 2017 with a joint recommendation for a mid-range presumptive prison sentence of 162 months based on his criminal history classification of A. The case arose out of an August 2016 motor vehicle collision in which Johnson's sedan crossed the centerline and struck an oncoming car, killing the driver... More...   $0 (08-19-2018 - KS)

Eva Moore v. John Urquhart Western District of Washington Federal Courthouse - Seattle, Washington

This is a class action challenging the constitutionality of
a Washington statute that allows tenants to be evicted from
their homes without a court hearing. Plaintiffs seek
declaratory and injunctive relief against the Sheriff of King
County, whose office enforces the challenged statute by
executing the eviction orders. The district court dismissed
the action with prejudice... More...
   $0 (08-19-2018 - WA)

Mickey Fowler v. Tracy Guerin Western District of Washington Federal Courthouse - Seattle, Washington

Washington public school teachers Mickey Fowler and Leisa Maurer bring this class action to order the Director of the Washington State Department of Retirement Systems (“DRS”) to return interest that was allegedly skimmed from their state-managed retirement accounts. The district court denied the stipulated motion to certify a class and then dismissed the action as prudentially unripe. We conclude... More...   $0 (08-19-2018 - WA)

Susan Fellen v. Marcella Winn Central District of California Federal Courthouse - Los Angeles, California Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Susan Mellen was wrongly imprisoned for seventeen years before securing habeas relief in October 2014. After release from prison, Mellen and her three children, Julie Carroll, Jessica Curcio, and Donald Besch, brought suit under 42 U.S.C. § 1983 against Detective Marcella Winn,1 arguing that Detective Winn failed to disclose evidence that would have cast serious doubt on the testimony of June Patt... More...   $0 (08-19-2018 - CA)

STATE OF KANSAS v. SCOTT ROBERT BOLLIG

After consulting with the parties, the district court made written findings and conclusions that have been added to the record on appeal. We now affirm the district court's original and reiterated ruling denying the motion to suppress the text messages because Bollig signed a valid consent for a search of his smartphone. In turn, the State properly used the text messages as evidence against Bollig... More...   $0 (08-18-2018 - KS)

STATE OF KANSAS v. BENJAMIN R. MCMURRAY

McMurray received 12 months of probation after he pleaded guilty to felony theft in Sedgwick County case No. 16CR2060. The district court sentenced McMurray to a seven-month underlying prison sentence that he would have to serve if he did not successfully complete probation. Months later, McMurray was charged with two new crimes in case No. 17CR447—burglary and theft, both felony offenses. McMurra... More...   $0 (08-18-2018 - KS)

DAVID LAWRENCE SMITH v. STATE OF KANSAS

A jury convicted Smith of one count of aggravated indecent liberties with a child under 14 years of age and two counts of aggravated indecent liberties with a child over 14 years of age but less than 16 years of age. In his direct appeal, Smith alleged eight trial court errors, which included the district court's denial of his motion for a new trial. The Court of Appeals affirmed Smith's convictio... More...   $0 (08-18-2018 - KS)

STATE OF KANSAS v. URTIS ANTHONY THAXTON

On January 28, 2016, Brandy Blomgren reported to the police that someone had stolen her 1999 Ford Explorer from the driveway in front of her house. Blomgren saw her car drive down the street away from her house, but she did not see who was driving it. About two weeks later, on February 11, 2016, Kansas City Police Officer Michael Moulin was on patrol at night when he saw a Ford Explorer stopped on... More...   $0 (08-18-2018 - KS)

STATE OF KANSAS v. WENDELL E. TUMBERG

On May 28, 2015, Tumberg's girlfriend and her 9-year-old daughter, A.R., moved in with him. During the next 19 days, Tumberg sexually assaulted A.R. several times. After his girlfriend saw Tumberg and A.R. together in a bathtub, A.R. was taken to a hospital. A sexual assault examination revealed that A.R. had redness on her vaginal area.

When interviewed, A.R. described the incident in ... More...
   $0 (08-18-2018 - KS)

Debbie Sheltra, et al. v. Nevada Division of Forestry

Reno, NV - Jury Finds Nevada Forestry Department Grossly Negligence

Debbie Sheltra sued the Nevada Division of Forestry and the University of Nevada on a governmental tort claim negligence theory claiming that her house was burned down in 2016 as a direct result of gross negligence.

The State apparently admitted some fault starting and managing a controlled burn that got out of c... More...
   $0 (08-18-2018 - NV)

STATE OF KANSAS v. JONELL K. LLOYD

The facts supporting the conviction were set out in State v. Lloyd, 299 Kan. 620, 325 P.3d 1122 (2014):

"Chavira Brown was 17 months old when she was found dead in the attic of Lloyd's house. She was born to Jessica Jackson, who believed Lloyd was the child's father, so he occasionally watched Chavira. Lloyd lived with his girlfriend, Tameika Loudermilk, and their 8-month-old son. More...
   $0 (08-17-2018 - KS)

STATE OF KANSAS v. CHRISTOPHER J. SCHRADER

On April 28, 2015, the State charged Schrader with five counts, including involuntary manslaughter while driving under the influence under K.S.A. 2014 Supp. 215405(a)(3). After entering into a plea agreement, Schrader pleaded no contest to the involuntary manslaughter charge, as well as to conspiracy to distribute a controlled substance.
Schrader's presentence investigation report assigned hi... More...
   $0 (08-17-2018 - KS)

STATE OF KANSAS v. WILLIE FLEMING

The State charged Fleming with theft, aggravated robbery, and aggravated burglary after an investigation revealed evidence that he and others broke into a residence at night and took property. The noise they made while entering the residence startled Carrington Dean and Quintez Secka, who had been asleep in separate upstairs bedrooms.
Dean was a guest who was sleeping over that night, and Sec... More...
   $0 (08-17-2018 - KS)

STATE OF KANSAS v. LOARN EARL FITZGERALD II

K.L. and her daughter, C.C., lived in a small home with Fitzgerald and others for a few months in late 2012 and early 2013. A few months after K.L. and C.C. moved, K.L.'s friend asked C.C. about what to do if anyone touched her "bad spots." C.C. responded that she should tell her mother. K.L. then asked C.C. if anyone had touched or hurt her. At that point, C.C. said Fitzgerald had "been doing bad... More...   $0 (08-17-2018 - KS)

Zach Hillesheim v. Holiday Stationstores, Inc. District of Minnesota Federal Courthouse - Minneapolis, Minnesota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Zach Hillesheim alleges that Holiday Stationstores discriminated against him
by failing to have an accessible parking lot at one of its stores. Hillesheim’s
complaint identifies three alleged problems with the parking lot, each giving rise to
a separate claim. For two of the three claims, Hillesheim suffered no injury, so we
vacate the district court’s decision and instruct the cou... More...
   $0 (08-17-2018 - MN)

UNITED STATES OF AMERICA v. FRANCISCO OCHOA-OREGEL

Francisco Ochoa-Oregel (Defendant) unlawfully entered the United States in 2016 and was convicted of unlawful reentry in violation of 8 U.S.C. § 1326. Before his 2016 conviction for unlawful re-entry, Defendant had previously been ordered removed in 2008, based on a prior conviction for California domestic violence battery, Cal. Penal Code § 243(e)(1), in an in absentia proceeding. The governmen... More...   $0 (08-17-2018 - CA)

UNITED STATES OF AMERICA v. DIMITRY FOMICHEV

Fomichev was born in Russia and came to the United States in 2003 on a student visa. He met Svetlana Pogosyan in 2006, and they married later that year. In 2007, Pogosyan applied for an alien relative visa for Fomichev, and he applied to adjust his immigration status. The United States Department of Homeland Security found the marriage bona fide, approved the visa, and granted Fomichev conditio... More...   $0 (08-17-2018 - CA)

UNITED STATES OF AMERICA v. KING MOUNTAIN TOBACCO COMPANY, INC.

In 2006 the late Delbert Wheeler, Sr., a lifelong-enrolled member of the Yakama Nation in Washington State, purchased “80 acres of trust property . . . from the Yakama Nation Land Enterprise, the agency of the Yakama Nation which is charged with overseeing the maintenance of real property held in trust by the United States for the benefit of the Yakama Nation and its members.” Wheeler then opened... More...   $0 (08-17-2018 - WA)

UNITED STATES OF AMERICA v. ROY ALLEN GREEN

In 2001, Green was sentenced to 687 months of imprisonment for convictions on federal drug and firearms charges, including a conviction for conspiracy to distribute methamphetamine. Later that same year, while serving that sentence, Green attacked another inmate with a shank. Green then pleaded guilty to one count of assault with intent to commit murder, in violation of 18 U.S.C. § 113(a)(1). A... More...   $0 (08-17-2018 - PA)

UNITED STATES OF AMERICA v. DOMINIQUE JOHNSON

During the late spring and summer of 2009, Dominique Johnson participated in five bank robberies in the Philadelphia area. In early May, Johnson committed the first robbery by himself, carrying a BB gun. In late May, he committed the second robbery, again carrying a BB gun, but this time assisted by two others: Gregory Lawrence and Jerry Taylor. In June, Johnson bought a .40 caliber Glock pistol. ... More...   $0 (08-17-2018 - PA)

Naperville Smart Meter Awareness v. City of Naperville Northern District of Indiana Federal Courthouse - Lafayette, Fort Wayne, South Bend, Hammond Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The City of Naperville owns and op-erates a public utility that provides electricity to the city’s res-idents. The utility collects residents’ energy-consumption data at fifteen-minute intervals. It then stores the data for up to three years. This case presents the question whether Naper-ville’s collection of this data is reasonable under the Fourth
2 No. 16-3766
Amendment of the U.S. Cons... More...
   $0 (08-17-2018 - IN)

UNITED STATES OF AMERICA v. CHAKA FATTAH, SR., KAREN NICHOLAS, ROBERT BRAND, HERBERT VEDERMAN

During the 1980s and ’90s, Fattah served in both houses of the Pennsylvania General Assembly, first as a member of the House of Representatives and later as a Senator. In 1995, Fattah was elected to the United States House of Representatives for Pennsylvania’s Second Congressional District. In 2006, Fattah launched an unsuccessful run for Mayor of Philadelphia, setting in motion the events that wo... More...   $0 (08-16-2018 - PA)

UNITED STATES v. VALENTÍN VALDÉS-AYALA

To understand how Valdés exploited the bankruptcy and child support administration systems, it will help to understand the ways in which these systems have been designed to work. We use the testimony the jury heard at trial to paint the backdrop against which Valdés operated his businesses. The jury trial included testimony from a varied cast of 34 witnesses culminating with Valdés, himself... More...   $0 (08-16-2018 - PR)

STATE OF CONNECTICUT v. ALRICK A. EVANS

The principal issue in this appeal is whether our decision in State v. Ray, 290 Conn. 602, 966 A.2d 148 (2009), which would require the defendant in the present case, Alrick A. Evans, to prove drug dependency as an affirmative defense to a charge under General Statutes (Rev. to 2011) § 21a-278 (b),1 remains good law in light of (1) the subsequent decision of the United States Supreme Court in All... More...   $0 (08-16-2018 - CT)

Andrew C. Cruse, Jr. a/k/a Andrew Clinton Cruse, Jr. a/k/a Andrew Clinton Cruse a/k/a Andrew C. Cruse a/k/a Andrew Cruse a/k/a Sparky a/k/a Clint v. State of Mississippi

On February 23, 2015, Tina Ivy was spotted naked running from a nearby wooded
area1 to a Lowe’s parking lot in Gulfport, Mississippi. Ivy was naked, her head was covered
in blood, and her arms were bound behind her back with duct tape and zip ties. Witnesses
at trial testified that Ivy stated that she had been held against her will in a tent and raped. Ivy
also stated that Cruse... More...
   $0 (08-16-2018 - MS)

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