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Immunity Law
 
ALEXINA SIMON —v.— CITY OF NEW YORK, FRANCIS LONGOBARDI, Queens County Assistant District  Attorney, DETECTIVE EVELYN ALEGRE, DETECTIVE DOUGLAS LEE

This case takes us to the intersection of an allegedly wrongful arrest and  detention on a material witness warrant, the Fourth Amendment, and qualified  immunity. Plaintiff Alexina Simon brought this action in the United States District  Court for the Eastern District of New York (Vitaliano, J.) under 42 U.S.C. § 1983,  claiming that a state prosecutor and two police officers falsely arrested and... More...   $0 (06-21-2018 - )

David Wayne Cassady v. Steven Hall, Georgia Department of Administrative Services Middle District of Georgia Federal Courthouse - Albany, Georgia

David Cassady appeals the District Court’s denial of his motion for garnishment against the Georgia Department of Administrative Services (“GDAS”). We hold that garnishment actions are “suits” under the Eleventh Amendment, Georgia has not waived its immunity to the type of garnishment Mr. Cassady seeks, and Congress has not clearly abrogated the states’ immunity to such garnishments. We accordingl... More...   $0 (06-21-2018 - GA)

Jeffrey Cozzl v. City of Birmingham and Cedrick Thomas Northern District of Alabama Federal Courthouse - Birmingham, Alabama

Jeffrey Cozzi was arrested for the robbery of one pharmacy and the attempted robbery of another. He was released after the police found no evidence linking him to the crimes. Cozzi sued Officer Cedrick Thomas, the City of Birmingham, Alabama, and several other law enforcement officers alleging, among other claims, a violation of his Fourth Amendment right to be free from what he contends was an un... More...   $0 (06-21-2018 - AL)

American Indian Health & Services Corporatioon v. Jennifer Kent, as Director

The State Department of Health Care Services and its director (collectively, the
Department) appeal from a judgment in favor of plaintiffs on a petition for a writ of
mandate. Plaintiffs are 23 federally qualified health centers (FQHC’s) and rural health
clinics (RHC’s) that serve medically underserved populations (the Clinics). (42 U.S.C.
§§ 254b(a)(1), 1396d(l)(1), (2), 1395x(aa)... More...
   $0 (06-20-2018 - CA)

Perry Odom and Carolyn Odom v. Penske Truck Leasing, Co., L.P. and Hendrickson USA, Inc. Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

This appeal concerns the scope of Oklahoma’s recently modified workers’
compensation regime. Perry Odom suffered serious injuries when a semi-trailer
collapsed on him at work. His employer—Penske Logistics—did not own the
trailer, but his employer’s sole stockholder—Penske Truck Leasing—did. Odom
and his wife sought to recover from Penske Truck Leasing through a personal
injury... More...
   $0 (06-19-2018 - OK)

Richard Vos v. City of Newport Beach, et al. Central District of California Federal Courthouse - Los Angeles, California

On May 29, 2014, officers of the City of Newport Beach Police Department fatally shot Gerritt Vos (“Vos”). The police responded to a call about a man behaving erratically and brandishing a pair of scissors at a 7-Eleven. The shooting happened while the police were deciding how to handle the situation, and Vos unexpectedly charged the doorway of the store with what appeared to be a weapon raised ab... More...   $0 (06-19-2018 - CA)

CAROLYN LAWSON v. SIMMONS SPORTING GOODS, INC.

We first briefly reiterate the facts of this case as discussed in Lawson I. This lawsuit
stems from a premises-liability suit. Lawson is a resident of Ashley County, Arkansas.
Simmons operates a retail sporting-goods store located in Bastrop, Louisiana. This is the
corporation’s only store, and it has never operated a store in Arkansas. It is a Louisiana
corporation with its pr... More...
   $0 (06-18-2018 - AR)

Stuart Wright v. United States of America Western District of Missouri Federal Courthouse - Kansas City, Missouri

In the third iteration of this unfortunate case of mistaken identity, PlaintiffStuart Wright (“Wright”) appeals the district court’s1 grant of summary judgment to the United States and the Deputy U.S. Marshals in their individual and official capacities on Wright’s claims under the Federal Tort Claims Act (the “FTCA”). Wright argues that the district court erred when it found there was no genuine ... More...   $0 (06-18-2018 - MO)

Landry Rountree v. Troy Dyson, City of Beaumont Eastern District of Texas Federal Courthouse - Beaumont, Texas

Landry Rountree appeals the dismissal of his 42 U.S.C § 1983 and related state-law claims against the City of Beaumont and Beaumont Police Sergeant Troy Dyson. We affirm the judgment of dismissal.
I.
Rountree owns a towing business and, for thirty years, participated in Beaumont’s non-consent tow rotation. For an accident that disables a car, the
United States Court of Appeals
Fift... More...
   $0 (06-15-2018 - TX)

Dawn D. Turnbull v. Lucerne Valley Unified School District

Plaintiff and respondent Dawn D. Turnbull sued defendants and appellants the
Lucerne Valley Unified School District (LVUSD), Tom Courtney, Suzette Davis, John
Buchanan, and Keri Gasper. Turnbull brought causes of action for (1) disclosing her
2
private medical information (Civ. Code, § 1798.63); (2) invading her privacy (Pen.
Code, § 637.2); (3) interfering with her constituti... More...
   $0 (06-14-2018 - CA)

Livingston Manners v. Officer Ronald Cannella, Officer Karrie Sabillon and City of Hollywood Florida United States District Court for the Southern District of Florida - Miami, Florida

In 2014, Livingston Manners was arrested by City of Hollywood police officers. An altercation ensued. Manners filed suit in federal court regarding the incident and now appeals the district court’s grant of summary judgment against his claims -- federal civil rights claims for use of excessive force and for malicious prosecution as well as a companion state common-law claim for false arrest. Becau... More...   $0 (06-11-2018 - FL)

Thomas John Pope vs State of Florida

In 2012, the Florida Legislature found it was “in the public interest to encourage a person who is aware of or present during another individual’s drug overdose to seek medical assistance for that individual.” Ch. 2012-36, Laws of Fla. The Legislature therefore enacted the “911 Good Samaritan Act,” which provides that anyone “acting in good faith who seeks medical assistance for an individual expe... More...   $0 (06-10-2018 - FL)

Shelly Aversman and Matthew Aversman v. Christopher M. Nicholson, et al. AAA Court Reporting Company Kansas City's Premier Court Reporting Service

Plaintiffs Shelly and Matthew Aversman, husband and wife, appeal the
2
(KBI) investigator Christopher M. Nicholson.1 Plaintiffs assert Mr. Nicholson
submitted a false affidavit to obtain an arrest warrant charging Ms. Aversman with
unlawful sexual relations with a high school student whom she taught. After the
charges against her were dismissed, Plaintiffs filed suit under 42 U... More...
   $0 (06-10-2018 - KS)

John Doe v. Regents of the University of California, et al. Central District of California Federal Courthouse - Los Angeles, California

In this interlocutory appeal, The Regents of the University
of California (“The Regents”) and Suzanne Perkin (“Perkin”),
the assistant dean of students at the University of California
at Santa Barbara (“UCSB”), appeal the district court’s denial
of their motion to dismiss John Doe’s (“Doe”) second
amended complaint (“SAC”) on Eleventh Amendment
immunity, judicial exhaustion... More...
   $0 (06-09-2018 - CA)

Jamie Mahm v. Jefferson County, State of Missouri Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

Jamie L. Mahn brought a First Amendment patronage-discharge claim under
42 U.S.C. § 1983 against Jefferson County, Missouri; Howard Lee Wagner
(“Howard”), individually and in his official capacity as circuit clerk of Missouri’s
23rd Judicial Circuit; Howard Wesley Wagner (“Wes”), individually and in his
official capacity as county clerk/election authority of Jefferson County; and M... More...
   $0 (06-08-2018 - MO)

Internal Revenue Service v. William Charles Murphy District of Maine Federal Courthouse - Portland, Maine

In this case, we need to determine
whether an employee of the Internal Revenue Service ("IRS")
"willfully violate[d]" an order from the bankruptcy court
discharging the debts of debtor-taxpayer William C. Murphy, as
that term is used in 26 U.S.C. § 7433(e). After careful
consideration, we hold that an employee of the IRS "willfully
violates" a discharge order when the emplo... More...
   $0 (06-07-2018 - ME)

Richard Pike v. J. Brad Hester District of Nevada Federal Courthouse - Las Vegas, Nevada

In 2011, J. Brad Hester, a sheriff’s sergeant, conducted an
after-hours dog search of Richard Pike’s locked office. Pike
successfully petitioned a state court for an order of protection
against Hester. Pike later sued Hester in federal district court,
claiming that the search violated his Fourth Amendment
rights. In district court, Pike moved to preclude from
relitigation c... More...
   $0 (06-06-2018 - NV)

WASSE ZAFER and ZAFER CHIROPRACTIC & SPORTS INJURIES, INC. v. ANDY HERMANN; FARMERS INSURANCE COMPANY, INC.; FARMERS GROUP, INC.; and FARMERS INSURANCE EXCHANGE

Wasse Zafer was the sole owner and operator of Zafer Chiropractic & Sports Injuries, Inc. Zafer originally filed suit against Farmers in February 2012 in Cole County, Missouri. Some of Zafer's patients were insured by Farmers' automobile insurance policies, which provided personal injury protection coverage and/or medical payments coverage. Zafer alleged that some of those insured patients execute... More...   $0 (06-06-2018 - KS)

James Gund v. County of Trinity

This lawsuit alleges that a Trinity County deputy sheriff phoned citizens James
and Norma Gund -- who do not work for the County -- and asked them to go check on a
neighbor who had called 911 for help likely related to inclement weather. The Gunds
1
unwittingly walked into a murder scene and were savagely attacked by the man who
apparently had just murdered the neighbor and her... More...
   $0 (06-05-2018 - CA)

STATE OF KANSAS v. CHRISTIAN DEMARCUS ROBBINS

Public defenders Stacy Donovan and Albert Bandy were appointed to represent Robbins, and trial was ultimately set for May 3, 2010.

In January 2010, Robbins sought to remove Donovan as one of his counsel based on a claimed conflict of interests. The court substituted attorney Reid Nelson for Donovan. Bandy remained on the case. ... More...
   $0 (06-05-2018 - KS)

In the Matter of Property Seized from Jean Carlos Herrera and Fernando Rodriguez Supreme Court of Iowa

Claimants appeal an order by the district court that found Claimants’ Answer to the In Rem Forfeiture Complaint insufficient because it objected to providing
testimonial statements as to matters requested therein because claimant argued the
search and seizure were unlawful and such information would be fruit of the
poisonous tree, and simultaneously forfeited the property. (A1144-14... More...
   $0 (06-03-2018 - IA)

John Nist v. Steven Hall Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

A good faith purchaser is “[a] purchaser who buys
without notice of circumstance which would put a person of
ordinary prudence on inquiry as to the title, or as to an
impediment on the title, of a seller.” (Black’s Law Dict. (6th ed.
1992) p. 693, col. 2.) The trial court found that respondent,
Steven Hall, was a good faith purchaser at a lien sale and
acquired the contents... More...
   $0 (06-03-2018 - CA)

Dennis McGee v. Thomas Knolton Western District of Tennessee Federal Courthouse - Memphis, Tennessee

Defendant-Appellant, Madison County, Tennessee, Sheriff’s Sergeant Thomas Knolton, appeals the district court’s denial of his motion for summary judgment based on qualified immunity in this excessive-force case brought by Dennis McGee, the father and Administrator of the estate of Dillon McGee, who was shot and killed by Knolton. We AFFIRM.
I.
On September 26, 2014, Madison County Deputy B... More...
   $0 (05-31-2018 - TN)

Eric Blattman v. Thomas Scaramellino District of Massachusetts Federal Courthouse - Boston, Massachusetts

This appeal arises out of a civil
action brought in federal court in Delaware concerning a corporate
merger between Efficiency 2.0 LLC ("E2.0") and C3, Inc. (the
"Delaware Action"). See Eric Blattman v. Thomas Seibel, C.A. No.
15-cv-00530-GMS (D.Del). As part of the Delaware Action, Eric
Blattman ("Blattman"), attempted to depose Thomas Scaramellino
("Scaramellino"), the fo... More...
   $0 (05-31-2018 - MA)

Thomas M. Cannon v. Village of Bald Head Island United States Court of Appeals for the Fourth Circuit

In August 2014, the Village of Bald Head Island, N.C. (“Bald Head”), fired Plaintiffs Thomas Cannon, Jesse Conner, Donald Koons, and Nicholas Terrell (collectively, the “Officers”)—who worked for Bald Head’s Department of Public Safety (the “Department”)—for the content of messages the Officers sent in a private text-message chain. Approximately one year later, the Officers filed suit against Bald... More...   $0 (05-30-2018 - NC)

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