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Immunity Law
 
Melisa Richmond v. Rubab Huq, et al. Eastern District of Michigan Countroom - Ann Arbor, Michigan

Plaintiff Melisa Richmond was
incarcerated in the Wayne County Jail from December 26, 2012 through February 13, 2013.

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 treatment for her burn wound, which necessitated skin ... More...
   $0 (01-16-2018 - MI)

Maria V. Pena v. City of Rio Grande City, Texas, Rosa Salinas, Jose Solis Southern District of Texas Courthouse - Houston, Texas

Maria Peña sustained injuries as a result of a tasing by police officers for the City of Rio Grande City. Peña sued the city and two of the officers in state court, alleging excessive force under 42 U.S.C. § 1983 and negligence under the
Case: 16-41522 Document: 00514306262 Page: 1 Date Filed: 01/12/2018
No. 16-41522
2
Texas Tort Claims Act (“TTCA”).
1 Upon removal, the distric... More...
   $0 (01-15-2018 - TX)

Don Karms and Robert Parker v. Kathleen Shanahan, Sandra McKeon Crow and New Jersey Transit District of New Jersey Federal Courthouses

Don Karns and Robert Parker filed civil rights actions against the New Jersey Transit Corporation (“NJ Transit”) and NJ Transit Officers Kathleen Shanahan and Sandra McKeon Crowe in their official and individual capacities, alleging violations of the First, Fourth, and Fourteenth Amendments. Officers Shanahan and Crowe arrested Karns and Parker for defiant trespass and obstruction of justice after... More...   $0 (01-14-2018 - NJ)

Jered Sasen v. Richard V. Spencer District of Massachusetts Federal Courthouse - Boston, Massachusetts

This case, which pits a retired
petty officer against the United States Navy, is awash with novel
legal questions concerning the application and operation of
Article 31 of the Uniform Code of Military Justice (UCMJ). These
questions center on Article 31(b), which requires that a sailor
suspected of an offense be warned both that he need not make any
statement regarding that... More...
   $0 (01-12-2018 - MA)

Evertee Simmons and Dontell Stephens v. Ric Bradshaw, Palm Beach Sheriff Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Dontrell Stephens was shot four times by Deputy Sheriff Adams Lin during
an encounter in West Palm Beach, Florida, on September 13, 2013. As a result,
Stephens now suffers from permanent paralysis.
In an action brought against Deputy Lin as an individual and Sheriff Ric
Bradshaw in his official capacity as the sheriff of Palm Beach County, the district
court granted summary jud... More...
   $0 (01-11-2018 - FL)

STATE OF NEW MEXICO v. JOSHUA MAESTAS New Mexico Supreme Court

Following the altercation with Defendant, Barela received treatment for a
10 concussion at Presbyterian Medical Center and her doctor reported a domestic
11 incident to the police. While at the hospital, Deputy Metzgar of the Bernalillo County
12 Sheriff’s Department recorded his interview with Barela, who alleged that on
13 December 2, 2009, Defendant had physically abused her a... More...
   $0 (01-09-2018 - NM)

STATE OF NEW MEXICO v. JOHN N. “JACK” McDOWELL, JR., New Mexico Supreme Court

James Chavez died from stab wounds to his chest on July 10, 2011 in his Rio
3 Rancho home. Shortly before his death, Chavez was cleaning his home with two
4 acquaintances, Casey Williams and David Dinelli. Defendant, Defendant’s son, and
5 Anthony Villagomez entered the home to recover goods stolen by Chavez that
6 belonged to Defendant’s son. Villagomez carried a sawed-off shot... More...
   $0 (01-07-2018 - NM)

Elise Hilton v. Catherine Mish Sixth Circuit Court of Appeals for the Sixth Circuit

Elise and Ed Hilton, individually, and as next friends of their
developmentally-disabled daughter, EH (collectively, the “Hiltons”), appeal the district court’s
dismissal of their complaint. They argue that the district court erred in three respects. They
allege that Catherine Mish, City Attorney for Grand Rapids, was acting under color of state law
when she sent two emails from he... More...
   $0 (01-05-2018 - MI)

John Lipsey v. United States of America, et al. Central District of Illinois Federal Courthouse - Urbana, Illinois

In this appeal, John Lipsey seeks
relief on behalf of his minor daughter J.L., for tragic injuries
suffered by J.L. at birth. The district court granted summary
judgment to the defendants, and Lipsey appeals that determination.
The facts underlying the grant of summary judgment are
set forth in detail in the district court opinion, and in relevant
part are as follows. On Ju... More...
   $0 (01-04-2018 - IL)

William Hassell v. Brian Fischer, et al. Second Circuit Court of Appeals - New York, New York

Appeal and cross‐appeal from the Sept. 28, 2016, judgment of the District
Court for the Southern District of New York (Alvin K. Hellerstein, District Judge)
requiring New York prison and parole officials to pay William Hassell, a former
state prisoner, nominal damages plus attorney’s fees for their unreasonable delay
in requesting a New York trial court to resentence Hassell ... More...
   $0 (01-04-2018 - NY)

Wandering Dago Inc. v. New York State Office of General Services et al. United States Court of Appeals for the Second Circuit Court of Appeals - New York, New York

New York, NY Plaintiff‐appellant Wandering Dago, Inc., (“WD”) operates a food truck and
32 brands itself and the food it sells with language generally viewed as ethnic slurs.
33 Defendants‐appellees are officials within the New York State Office of General Services
* Judge Carol Bagley Amon, of the United States District Court for the Eastern District of
New York, sitti... More...
   $0 (01-03-2018 - NY)

STATE OF KANSAS v. CORNELIUS RUFF III

On July 30, 2014, Ruff was charged with six counts: kidnapping, aggravated kidnapping, aggravated criminal sodomy, aggravated burglary, and two counts of aggravated robbery. The case was set for jury trial but due to witness issues and Ruff's pro se motion to dismiss his counsel, Paul Dent, the trial was delayed. Dent was allowed to withdraw, and KiAnn (McBratney) Spradlin was appointed as new co... More...   $0 (12-29-2017 - KS)

Shawn Aric Tolbert v. The State of Texas Jury finds Tolbert guilty

The State charged appellant with three sexual abuse offenses for conduct perpetrated
against T.B.P. when she was a child. T.B.P.’s mother was married to appellant’s older brother, and 2 3
the family attended the church pastored by appellant’s father. T.B.P., her older sister, and younger
brothers often stayed in appellant’s home and, at times, lived there.
T.B.P. testified that i... More...
   $0 (12-26-2017 - TX)

Dale A. Wilkerson v. University of North Texas, et al. Eastern District of Texas Federal Courthouse - Beaumont, Texas

A Texas university declined to renew a lecturer’s contract. After several extensive but unsuccessful administrative appeals, that lecturer sued the school and its administrators, alleging a deprivation of his property interest in his job without due process and tortious interference with his employment con-tract. The district court denied summary judgment to the administrators on their immunity de... More...   $0 (12-25-2017 - )

Ketryn Cornell v. Berkeley Tennis Club

Plaintiff Ketryn Cornell is a severely obese woman who was fired from the
Berkeley Tennis Club after having worked there for over 15 years. She brought eight
claims against the Club: three under the California Fair Employment and Housing Act
(FEHA; Gov. Code, § 12900 et seq.), for disability discrimination and failure to
accommodate her disability (the discrimination/failure to acc... More...
   $0 (12-22-2017 - CA)

Rodney D. Bailey v. Dallas County, Texas; Dallas County Sheriff's Department Civil Service Commission and Juanita H. Nanez, Steve Hanna and Dwayne Bishop, In their Official Capacities as Members of the Sheriff's Department Civil Service Commission

This case concerns a district court’s subject-matter jurisdiction to hear the case of a deputy sheriff, Rodney D. Bailey, who was terminated by Dallas County and whose civil service proceeding was dismissed. Bailey appeals the trial court’s dismissal of his suit against Dallas County, the Dallas County Sheriff’s Department’s Civil Service Commission, and the members of the Commission. Bailey bring... More...   $0 (12-21-2017 - TX)

DOE v. THE FIRST PRESBYTERIAN CHURCH U.S.A. OF TULSA First Presbyterian Church of Tulsa

Appellant/Doe filed suit against The First Presbyterian Church U.S.A. ("FPC"), of Tulsa, Oklahoma and its minister, James D. Miller, ("Appellees"), based on theories of torts and breach of contract. Doe seeks damages arising out of alleged harm he incurred from Appellees' publishing notice of his baptism on the world wide web. Doe claimed that he advised Appellees of the need to keep his baptism p... More...   $0 (12-19-2017 - OK)

Patrick Skrabec v. Town of North Attleboro, et al. District of Massachusetts Federal Courthouse - Boston, Massachusetts

This appeal arises from the grant of
the Defendants’ summary judgment motion following the Plaintiffs’
failure to oppose the motion within the timeframe set by the
district court. The Plaintiffs, citing excusable neglect, sought
relief from the judgment pursuant to Federal Rule of Civil
Procedure 60(b)(1), which the court denied. Finding no error, we
affirm the judgment.More...
   $0 (12-18-2017 - MA)

Jacqueline Lewis v. City of Union City, Georgia, Chief of Police Charles Odom Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Jacqueline Lewis, an African-American police detective in Union City,
Georgia, was terminated abruptly from her position after about ten years of service.
The ostensible reason was that Ms. Lewis was absent without leave—this
notwithstanding that the Union City Police Department (“UCPD”) only days
earlier had placed her on indefinite administrative leave pending resolution of theMore...
   $0 (12-15-2017 - GA)

Paul Richard Butts v. Marcus Martin, et al. Eastern District of Texas Federal Courthouse - Beaumont, Texas

Plaintiff–Appellant Paul Richard Butts, a Hasidic Jewish federal prisoner at the Federal Corrections Complex in Beaumont, Texas (“FCC
United States Court of Appeals
Fifth Circuit
FILED
December 8, 2017
Lyle W. Cayce
Clerk
No. 15-41640
2
Beaumont”), filed a Bivens1 suit against numerous Bureau of Prisons (“BOP”)
employees, all of whom worked at FCC Beaumont. ... More...
   $0 (12-15-2017 - TX)

Roger Liverman and Aaron Liverman v. Denton County, Texas, Denton County Criminal District Attorney, Paul Johnson, Lara Tomlin, Rick Daniel, and Lindsey Sheguit

This case arises from an unfortunate family dispute among Appellants
Roger Liverman and Aaron Liverman, on the one side, and Katheryn Payne Hall
(Roger’s daughter and Aaron’s sister) on the other. The dispute is rooted in a
1See Tex. R. App. P. 47.4.
2
disagreement over mechanic’s liens filed by Appellants against Hall’s home in
2008. See Liverman v. State, 470 S.W.3d 831, ... More...
   $0 (12-14-2017 - TX)

The City of The Colony, Texas v. Mark and Kim Rygh

The primary question in this interlocutory appeal from the denial of Appellant The City of The Colony, Texas’s jurisdictional plea is whether a nexus
1See Tex. R. App. P. 47.4.
2
exists between the City’s use of a “Vac” truck to clear a blockage in a sewer main and the property damage that Appellees Mark and Kim Rygh sustained when their residence flooded with raw sewage. Because we re... More...
   $0 (12-14-2017 - TX)

Christopher Leron Clegg v. City of Fort Worth

This is an appeal from the trial court’s granting of a plea to the jurisdiction.
Appellant Christopher Leron Clegg appeals the trial court’s dismissal of his suit
1See Tex. R. App. P. 47.4.
2
against Appellee the City of Fort Worth (the City).2 Because the trial court did not
err by granting the City’s plea to the jurisdiction, we affirm.
I. BACKGROUND
At approximately ... More...
   $0 (12-14-2017 - TX)

ROBERT PARSONS v. THE DISTRICT COURT OF PUSHMATAHA COUNTY, THE HONORABLE JANA K. WALLACE, ASSOCIATE DISTRICT JUDGE Pushmataha County Courthouse - Antler, Oklahoma

On November 21, 2011, Robert Parsons was charged in Pushmataha County District Court, Case No. CF-2011-146, with one count of first degree murder. According to the probable cause affidavit filed by the investigating officer, Parsons confessed to murdering his friend, Garland Cogburn, by striking him in the head with a hatchet. Simultaneously with the State's Information, an order was entered by ag... More...   $0 (12-14-2017 - OK)

Pacific Gas and Electric Company v. Hart High-Voltage Apparatus Repair and Testing Co., Inc.

Plaintiff Pacific Gas and Electric Company (PG&E) sued defendant HART HighVoltage
Apparatus Repair and Testing Co., Inc. (HART) for negligently servicing a large
transformer at a hydroelectric power plant and for damages under Public Utilities Code1
section 7952. PG&E alleged it incurred dirct and indirect costs of approximately $8.1
million.
HART filed a motion for summary adj... More...
   $0 (12-14-2017 - CA)

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