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Qualified 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)

Joel D. Kettler v. Leslie Gould

Cross-defendants Leslie Gould and his wife Susan Gould
contend the trial court erred when it denied in part their antiSLAPP
(strategic lawsuit against public participation) motion.
The motion sought to strike certain allegations in a crosscomplaint
filed by Joel D. Kettler, alleging defamation and other
causes of action. The court denied the motion to the extent crosscomplainan... More...
   $0 (04-21-2018 - CA)

Andrew Michael Psyk v. The State of Texas

At around 6:00 a.m. on the morning of October 20, 2013, at least two
witnesses contacted 911 after observing a dark SUV driving erratically on Interstate
59 northbound. One witness stayed on the phone with the 911 operator and followed
behind the vehicle until a state trooper arrived on the scene.
When the trooper located the vehicle, he followed it for a short period of time ... More...
   $0 (04-19-2018 - TX)

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)

CHRISTOPHER L. WAISNER v. STATE OF KANSAS

In 2011, Waisner was convicted of various sex crimes in Shawnee County District Court. The underlying facts relating to the criminal case were summarized by this court in Waisner's direct appeal:

"This case involves allegations of sexual abuse lodged against Waisner by his daughter, T.G. Specifically, T.G. alleged that when she lived with Waisner during a period between May 2008 and J... More...
   $0 (04-17-2018 - KS)

STATE OF KANSAS v. HERSHEL A. KEMP

A jury sitting in Lyon County District Court convicted Defendant Hershel A. Kemp of committing multiple sex crimes, including several off-grid felonies, against K.R., his wife's minor daughter. Kemp has appealed, claiming numerous errors in the eight-day trial. Although Kemp received something short of a perfect trial, we find he received a fair trial, and the law requires no more than that. See... More...   $0 (04-17-2018 - KS)

STATE OF KANSAS v. GERARDO G. SAUCEDO

Saucedo's prior Washington felony conviction was for a residential burglary under Wash. Rev. Code Ann. § 9A.52.025(1). On appeal he argues that the district court erred in classifying this prior conviction as a person felony. He claims that because two elements of the Washington conviction are broader than the elements of the comparable Kansas crime, the district court engaged in improper judicial... More...   $0 (04-17-2018 - KS)

UNITED STATES OF AMERICA v. JOSEPH RUTIGLIANO, PETER J. AJEMIAN,  MARIE BARAN, PETER J. LESNIEWSKI

The fraud scheme for which defendants stand convicted sought  to take advantage of a disability pension plan made available to LIRR 
16-3754-cr (L) United States v. Rutigliano  
employees  by  the  RRB.  The  LIRR’s  own  pension  plan  allowed  employees with 20 or more years of service to retire as early as age 50  and to receive payments equal to half their pre‐retirement income. ... More...
   $0 (04-16-2018 - )

United States of America v. Hardin County Emergency Medical Services Western District of Kentucky Federal Courthouse - Louisville, Kentucky

Louisville, KY - Hardin County EMS Enters Settlement With United States To Resolve An American With Disabilities Complaint

United States Attorney Russell M. Coleman announced the settlement agreement with Hardin County Emergency Medical Services (HCEMS), on March 28, 2018, to resolve a complaint, under the Americans with Disabilities Act (ADA), regarding the provision of emergency medica... More...
   $0 (04-16-2018 - KY)

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)

Pasadena Police Officers Association v. City of Pasadena, Los Angeles Times Communications, LLC, Intervener and Appellant


Nikki Moore for California News Publishers Association as
Amicus Curiae on behalf of Intervener and Appellant.
Katie Townsend, Bruce D. Brown and Caitlin Vogus for
Reporters Committee for Freedom of the Press as Amicus Curiae
on behalf of Intervener and Appellant.
Rains Lucia Stern St. Phalle & Silver, Timothy K. Talbot
and Jacob A. Kalinksi for Plaintiffs and Responde... More...
   $0 (04-16-2018 - CA)

DON WILLIAM DAVIS V. STATE OF ARKANSAS

Davis was charged and convicted of the capital murder of Jane Daniel, theft of
property, and burglary. Prior to his trial, the Benton County Circuit Court ordered Davis
to be examined by Dr. Jenkins at Ozark Guidance to determine whether “there are
reasonable grounds to believe the defendant to be presently insane or that he was insane
at the [time] of the alleged offenses.” Je... More...
   $0 (04-15-2018 - AR)

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)

Robert Alan Hawkins v. The State of Texas

Robert Alan Hawkins was charged by indictment with the offense of retaliation. The
Honorable Eddie Northcutt, trial judge for the 8th Judicial District Court, was named as the victim
in the case. He also impaneled the grand jury that returned the indictment against Hawkins.
Following a jury trial, Hawkins was found guilty of the charged offense and sentenced to five
years’ i... More...
   $0 (04-15-2018 - TX)

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)

JOSHUA ROBERTSON v. DALE CALL, et al Kansas Court Of Appeals

For a complete recitation of the facts and procedural history, see Robertson v. Call, No. 114,122, 2016 WL 4413321 (Kan. App. 2016) (unpublished opinion) (Robertson II), and Robertson v. Call, No. 112,132, 2015 WL 326677 (Kan. App. 2015) (unpublished opinion), rev. denied 301 Kan. 1047 (2015) (Robertson I). Relevant to this appeal, on February 21, 2014, Robertson filed a petition for writ of habea... More...   $0 (04-14-2018 - KS)

STATE OF LOUISIANA Vs. TRUNG LE

On June 29, 2014, sometime between 2:00 a.m. and 2:50 a.m., an exchange
of gunfire between two shooters erupted in the 700 block of Bourbon Street, near
the intersection with Orleans Street in the French Quarter. This incident resulted in
the untimely death of Brittany Thomas (hereinafter “Ms. Thomas”), the attempted
murder of an unknown male, and injury to numerous bystanders ... More...
   $0 (04-13-2018 - LA)

Rustin J. Smith v. City and County of Honolulu Federal Courthouse - Honolulu, Hawaii

Plaintiff-Appellant Rustin Smith brought an action under
42 U.S.C. § 1983 alleging that his rights under the Fourth
Amendment were violated by police officers employed by
Defendant-Appellee City and County of Honolulu.
Specifically, he alleged that following his arrest on drug
charges that were subsequently dropped, he was improperly
detained by the Honolulu police for appr... More...
   $0 (04-12-2018 - HI)

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)

PERCY ALLAN AHRENDT v. DIANE MUREE CHAMBERLAIN

Percy Ahrendt and Diane Chamberlain were married in 1999. Diane and her son from a prior marriage moved into Percy’s residence. During their first eight years, Diane worked various part-time jobs and made about $7,885 a year in reported income. At that time, she was studying to obtain her securities licenses, and she paid approximately $250-$350 of the monthly marital expenses. Percy made abou... More...   $0 (04-12-2018 - SD)

City and County of San Francisco v. Chuck M. Post

In 1998 the San Francisco Board of Supervisors outlawed discrimination against
tenants who pay a portion of their rent with a Section 8, or similar, housing voucher.
They did this by amending San Francisco’s existing housing discrimination ordinance to
outlaw discrimination based on a person’s “source of income,” a term they defined
broadly to include government rent subsidies. (S.... More...
   $0 (04-12-2018 - CA)

United States of America v. James Cornelius Christian Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Oklahoma City, OK - Oklahoma City Man Sentenced to Almost 20 Years in Federal Prison as Armed Career Criminal

JAMES CORNELIUS CHRISTIAN, 40, of Oklahoma City, was sentenced to 235 months in federal prison for being a felon in possession of a firearm.

On October 11, 2017, a jury found Christian guilty of possessing a Ruger, model LCP, .380 caliber pistol after he had previously be... More...
   $0 (04-11-2018 - OK)

STATE OF OHIO v. ERIC D. HENDON

On December 31, 2013, an incident occurred involving a robbery at a house
located at 329 Seventh Street in Barberton, Ohio. During the robbery, three of the occupants of
the house, J.K., D.C.K., and A.K., were fatally wounded. A fourth occupant of the house, R.B.,
was shot and stabbed but survived her injuries. Following the incident, R.B. placed a 911 call at
6:48 p.m. More...
   $0 (04-11-2018 - OH)

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)

STATE OF LOUISIANA V. LOUIS EDWARD BETHLEY, JR. STATE OF LOUISIANA, COURT OF APPEAL. FIRST CIRCUIT

On October 18, 2014, at about 3 a. m., Linda Bethley and her husband, the
defendant, began arguing at their home on Greenwell Springs Road. The defendant
punched Mrs. Bethley in her face multiple times. At some point during the attack,
Mrs. Bethley briefly lost consciousness. She was eventually able to call 911 and the
police and EMS arrived. Mrs. Bethley was taken by ambulance to... More...
   $0 (04-09-2018 - LA)

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