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Immunity Law
 
Peter Hiam v. Homeaway.com, Inc. District of Massachusetts Federal Courthouse - Boston, Massachusetts

Duped into parting with thousands
of dollars to reserve a vacation rental property in Belize that
apparently did not exist, plaintiff Peter Hiam sued the owner of the
website on which he found the ersatz tropical villa, claiming that
the website's guarantee misled him. The district court granted
summary judgment to the website's owner, HomeAway.com, Inc.
("HomeAway"). On ap... More...
   $0 (04-21-2018 - MA)

Tracey K. Kuehl v. Pamela Sllner Northern District of Iowa Federal Courthouse - Cedar Rapids, Iowa

Tracey K. Kuehl (Tracey), Lisa K. Kuehl (Lisa), Kris A. Bell, Nancy A.
Harvey, John T. Braumann, and the Animal Legal Defense Fund (plaintiffs) brought
suit against Pamela Sellner, Tom Sellner, and Cricket Hollow Zoo (defendants) under
1The Honorable Richard W. Goldberg, United States Court of International
Trade, sitting by designation.
-2-
the Endangered Species Act, 16 U... More...
   $0 (04-18-2018 - IA)

David M. Hopper v. Phil Plummer, et al. Southern District of Ohio Federal Courthouse - Dayton, Ohio

Robert Richardson suffered a seizure two days after he was booked into the Montgomery
County Jail in Dayton, Ohio. Corrections officers and medical staff responded to the medical
call. Despite both a jail policy that prohibited placing restrained inmates in a prone position and
a medic’s appeal to handcuff Richardson in front, the officers handcuffed him behind his back
and restrai... More...
   $0 (04-16-2018 - OH)

ARKANSAS COMMUNITY CORRECTION V. ANNETTE BARNES Arkansas Supreme Court

Barnes alleged in her complaint that she was terminated from her position with the
ACC for protesting discriminatory actions on behalf of her employer and participating in
an investigation designed to discover further discrimination. She alleged that her
termination was a violation of the Arkansas Whistle-Blower Act (“AWBA”) and asked for
damages, reinstatement, attorneys’ fees... More...
   $0 (04-15-2018 - AR)

RAKESH SRIVASTAVA and SHARMILA SHANKAR, Appellants, v. UNIVERSITY OF KANSAS, a/k/a UNIVERSITY OF KANSAS MEDICAL CENTER, a/k/a STATE OF KANSAS (HARTMUT JAESCHKE, CODY TULLY, PAUL TERRANOVA, and ROY JENSEN University of Kansas

Dr. Rakesh Srivastava and Dr. Sharmila Shankar, who are husband and wife, both worked for the University of Kansas Medical Center (KUMC). For different reasons, KUMC terminated Dr. Srivastava's and Dr. Shankar's employment. Believing that they were wrongfully terminated, Dr. Srivastava and Dr. Shankar sued University of Kansas (KU), as the institutional organization governing KUMC. Later, howeve... More...   $0 (04-14-2018 - KS)

Jamarcus Sam v. Shone Chase Richard; City of Opelousas Western District of Louisiana - Shreveport, Louisiana

Jamarcus Sam sued Officer Shone Chase Richard, the City of Opelousas, and the City’s insurer under 42 U.S.C. § 1983 for excessive use of force and unjustified detention. Sam also brought related state law claims. The district court granted summary judgment on Sam’s federal claims and dismissed the state law claims. We affirm in part and vacate in part.
I.
The following facts are drawn from... More...
   $0 (04-12-2018 - LA)

The Regents of the University of California v. The Superior Court of Los Angeles County, Katherine Rosen

After he enrolled in the University of California at Los Angeles (UCLA),
Damon Thompson experienced auditory hallucinations. He believed other
students in the classroom and dormitory were criticizing him. School
administrators eventually learned of Thompson’s delusions and attempted to
provide mental health treatment. However, one morning Thompson stabbed
fellow student Katheri... More...
   $0 (04-10-2018 - CA)

Lisa Demargee v. Laura Pederson; Amy Van Ness District of Arizona Federal Courthouse - Phoenix, Arizona

As this court has stated repeatedly, families have a “wellelaborated
constitutional right to live together without
governmental interference.” Wallis v. Spencer, 202 F.3d
1126, 1136 (9th Cir. 2000); accord Kirkpatrick v. Cty. of
Washoe, 843 F.3d 784, 789 (9th Cir. 2016) (en banc); Burke
v. Cty. of Alameda, 586 F.3d 725, 731 (9th Cir. 2009); Rogers
v. Cty. of San Joaquin, 48... More...
   $0 (04-09-2018 - AZ)

Jamal Trulove v. City of San Francisco et al. Northern District of California Federal Courthouse - San Francisco

San Francisco, CA - Jamal Trulove sued The City of San Francisco and others on civil rights violation theories under 42 U.S.C. 1983 claiming that he was wrongfully convicted of murder and served six years in prison as a result of being framed in 2007 of a killing at the City's Sunnydale public housing complex.

Date Filed # Docket Text
01/10/2018 268 Transcript of EXCERPT of Proceedi... More...
   $10000000 (04-07-2018 - CA)

Big Oak Flat-Groveland Unified School District v. The Superior Court of Tuolumne County, Jane Doe, Real Party in Interest

Petitioners, bring this writ petition, requesting that this court issue a writ of
mandate directing the trial court to vacate its order overruling petitioners’ demurrers to
Jane Doe’s first amended complaint, and to enter a new order sustaining their demurrers.
Petitioners’ demurrers were based on Doe’s failure to present a government claim to
petitioner school district (district) ... More...
   $0 (04-05-2018 - CA)

Bobbydyne McMillan v. Cumberland County Board of Education; Joseph M. Locklear Eastern District of North Carolina Federal Courthouse - Raleigh, North Carolina

Appellant Bobbydyne McMillan was employed by the Cumberland County Board
of Education (“CCBE”) and resigned following an investigation into her conduct during
the course of her employment. She appeals the district court’s grant of summary
judgment in favor of the Defendants, CCBE, and Joseph M. Locklear,1 Associate
Superintendent of Human Resources, on her 42 U.S.C. § 1983 Fourteen... More...
   $0 (04-03-2018 - NC)

STATE OF OHIO v. JINETTA L. THOMPSON

On August 19, 2015, the Seneca County Grand Jury indicted Thompson
on six counts, including: Count One of trafficking in cocaine in violation of R.C.
2925.03(A)(1), (C)(4)(b), a fourth-degree felony; Count Two of trafficking in
cocaine in violation of R.C. 2925.03(A)(1), (C)(4)(a), a fifth-degree felony; Count
Three of trafficking in cocaine in violation of R.C. 2925.03(A)(1),... More...
   $0 (03-31-2018 - OH)

Thomas P. Guarino v. County of Siskiyou

Appellant Thomas P. Guarino (Guarino) appeals from an order of the superior
court granting an “anti-SLAPP” (Strategic Lawsuits Against Public Participation) motion
to strike his First Amended Complaint pursuant to Code of Civil Procedure section
425.16, undesignated section references are to the Code of Civil Procedure. The motion
was filed by defendants County of Siskiyou (County)... More...
   $0 (03-30-2018 - CA)

Erik Rodriguez v. Department of Transportation

While a public entity may be liable for injuries caused by dangerous conditions of
public property (Gov. Code, §§ 830, 835),1
the entity may avoid liability through the
affirmative defense of design immunity (§ 830.6). (Hampton v. County of San Diego

1 Statutory references are to the Government Code unless otherwise indicated.
(2015) 62 Cal.4th 340, 342.) For design immun... More...
   $0 (03-28-2018 - CA)

Terry Cravener v. Mike Shuster Western District of Missouri Federal Courthouse - Kansas City, Missouri

Terry Cravener sued Jasper County deputies Mike Shuster, Chris Calvin, andKieth Maggard under 42 U.S.C. § 1983, alleging excessive force. The district courtdenied the deputies’ motion for summary judgment based on qualified immunity. Thedeputies appeal. This court reverses and remands.
I.
Cravener has paranoid schizophrenia. In May 2013, his father called JasperCounty Emergency Services. H... More...
   $0 (03-28-2018 - MO)

STATE OF OHIO v. MARLON D. FRYE

Jana E. Emerick On December 15, 2016, the Allen County Grand Jury indicted Frye on
three counts, including: Count One of having weapons while under disability in
violation of R.C. 2923.13(A)(3), (B), a third-degree felony, Count Two of tampering
with evidence in violation of R.C. 2921.12(A)(1), (B), a third-degree felony, and
Count Three of aggravated possession of drugs in v... More...
   $0 (03-27-2018 - OH)

Stacey L. Komar v. State of Nebraska et al Nebraska Supreme Court

the allegations of the complaint, on January 15, 2013, Stacey L. Komar learned that an employee of the State of Nebraska had accessed her electronically stored medical records without her permission. Approximately 17 months
1 See Neb. Rev. Stat. §§ 81-8,209 to 81-8,235 (Reissue 2014).
2 Komar v. State, 24 Neb. App. 692, 897 N.W.2d 310 (2017).
later, on June 27, 2014, Komar presented a ... More...
   $0 (03-27-2018 - NE)

Melisa Richmond v. Rubab Huq Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Plaintiff Melisa Richmond was
incarcerated in the Wayne County Jail from December 26, 2012 through February 13, 2013.
>
No. 16-2560 Richmond v. Huq, et al. Page 2
While in the custody of the Jail, Richmond received treatment for a self-inflicted burn wound on
her chest as well as for psychological needs. Richmond contends that she received
constitutionally inadequate treatm... More...
   $0 (03-26-2018 - MI)

KENTRELL F. JOHNSON vs. STATE OF FLORIDA

On March 30, 2010, Johnson and codefendants Quentin Truehill1 and Peter
Hughes escaped custody at Avoyelles Parish Sherriff’s Office in Marksville,
Louisiana. Johnson and his codefendants stole a truck and traveled to Florida,
committing a series of violent crimes along the way, including the kidnapping and
killing of Vincent Binder.
On the day of their escape, the code... More...
   $0 (03-25-2018 - FL)

Trey Sims v. Kenneth E. Laboriwtz, Administrator Eastern District of Virginia - Federal Courthouse - Alexandria, Virginia

In 2014, David E. Abbott, a detective with the Manassas City Police Department in Virginia, investigated allegations that 17-year-old Trey Sims used his cellular telephone to send sexually explicit photographs and video recordings of himself to his 15-year-old girlfriend. During the course of the investigation, Abbott obtained a search warrant authorizing photographs of Sims’ naked body, including... More...   $0 (03-24-2018 - VA)

Jonathan Arvizu v. City of Pasadena

Plaintiff and Appellant Jonathan Arvizu sued the City of
Pasadena after he fell over a retaining wall located beside a
recreational trail in the City’s Arroyo Seco Natural Park,
resulting in devastating personal injuries. Arvizu had entered the
Park in the dark, pre-dawn hours, while it was closed, in order to
go “ghost hunting” with a group of friends. While taking a
short... More...
   $0 (03-24-2018 - CA)

Nicole Haberle v. Officer Daniel Troxell Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Timothy Nixon was a troubled man. After stealing a firearm, he told his partner, Nicole Haberle, that he was going to commit suicide. When a police officer employed by the Borough of Nazareth learned of that threat, he did not wait for trained crisis support professionals but instead knocked on the door of the apartment where Nixon was located and announced his presence. Nixon immediately shot him... More...   $0 (03-22-2018 - PA)

STATE OF KANSAS v. JOSE DELACRUZ

A district court's power to impose sanctions for contempt of court is regulated by statute. Therefore, to impose a sanction against a contemnor, the district court must follow the procedural requirements set forth in the statute upon which the court relies for its contempt power.

2. The governmental power to compel a person to testify in a court of law is not absolute, and the most im... More...
   $0 (03-18-2018 - KS)

Roxanne Adams v. Naphcare, Inc., et al. Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

This case arises from the events surrounding the death of Jamycheal Mitchell. His personal representative, Roxanne Adams, brought this action on his behalf, asserting claims under 42 U.S.C. § 1983 and state law against Debra K. Ferguson and forty-nine other defendants. Ferguson moved to dismiss all claims against her; the district court denied the motion. Ferguson appeals. For the reasons that fol... More...   $0 (03-14-2018 - VA)

Tylon C. Outlaw v. City of Hartford District of Connecticut Federal Courthouse - Hartford, Connecticut

1 Appeal by plaintiff from so much of a judgment of the United States
2 District Court for the District of Connecticut, Geoffrey W. Crawford, Judge, as granted
3 summary judgment dismissing his claims against defendant City of Hartford (the
4 "City"), brought principally under 42 U.S.C. § 1983, for failing to supervise its police
5 officers with respect to appropriate use of force;... More...
   $0 (03-13-2018 - CT)

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