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Qualified Immunity Law
 
Jonathon Farshid Fayyazi v. The State of Texas

Officer Delaney Green with the Southlake Police Department was on patrol
in her marked patrol car in Southlake in the early morning hours of April 9, 2016.
She testified at trial that around 3:00 a.m. she was traveling north on Davis
Boulevard when she noticed a vehicle—later identified as being driven by
Appellant—that appeared to be traveling at “a very high rate of speed.” ... More...
   $0 (06-24-2018 - TX)

In re: KBR, INC., Burn Pit Litigation. District of Maryland Federal Courthouse - Greenbelt, Maryland

The Constitution entrusts the President and Congress, not the courts, with the power to resolve political questions. See Japan Whaling Ass’n v. Am. Cetacean Soc’y, 478 U.S. 221, 230 (1986); Taylor v. Kellogg, Brown & Root Servs., Inc., 658 F.3d 402, 408–409 (4th Cir. 2011). The issue before us is whether a suit brought by United States military personnel, civilian contractors, and surviving family... More...   $0 (06-24-2018 - MD)

STATE OF KANSAS v. BRANDON C. WALKER

The State charged Walker with one count of forgery in November 2016 for attempting to cash an altered check about six weeks earlier. See K.S.A. 2017 Supp. 215823 (defining forgery, a severity level 8 nonperson felony). Walker qualified for an accelerated disposition of the charge under a program the Sedgwick County District Attorney uses to promptly offer persons prosecuted for nonviolent felonies... More...   $0 (06-23-2018 - KS)

United States of America v. Kelly Robinett, Kingsley Nwanguma and Joy Ogwuegbu Northern District of Texas Federal Courthouse - Dallas, Texas

Dallas, TX - Texas Physician and Two Texas Nurses Convicted for Roles in Home Health Care Fraud Scheme

A federal jury found one physician and two nurses guilty today of health care fraud, and one physician and one nurse guilty of conspiracy to commit health care fraud, all for their roles in a home health fraud scheme.

Acting Assistant Attorney General John P. Cronan of the Justi... More...
   $0 (06-23-2018 - TX)

UNITED STATES OF AMERICA v. DAVID WESLEY REINHART

David Reinhart was convicted of two counts of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B). A defendant convicted of this offense who has “a prior conviction . . . under the laws of any State relating to . . . the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography” is subject to a ten-year mandatory minimum s... More...   $0 (06-22-2018 - CA)

UNITED STATES OF AMERICA v. FRANK MICHAEL SUSANY, JR UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

Between February and April 2013, Susany entered into a conspiracy with Robert Courtney and James Quinn to obtain explosives that would be used to crack safes at jewelry stores and coin shops. The trio planned to obtain funds to finance their initial purchase of explosives by breaking into jewelry stores and coin shops to steal valuable items. On February 13, 2013, Susany and Quinn met with a con... More...   $0 (06-22-2018 - OH)

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 - )

MARCUS DEONTE STRONG v. STATE OF FLORIDA

Appellant challenges his sentences imposed after his open plea to the court, contending that the trial court relied on factors unsupported by the evidence in the case. The trial judge attributed to the defendant crimes for which he had not been arrested or charged, nor for which there was any evidence of his involvement. Consideration of unproven criminal activity violates due process. We there... More...   $0 (06-21-2018 - FL)

South Dakota v. Wayfair, Inc. SUPREME COURT OF THE UNITED STATES

When a consumer purchases goods or services, theconsumer’s State often imposes a sales tax. This case requires the Court to determine when an out-of-stateseller can be required to collect and remit that tax. All concede that taxing the sales in question here is lawful. The question is whether the out-of-state seller can be held responsible for its payment, and this turns on a proper interpretation... More...   $0 (06-21-2018 - SD)

State of Tennessee v. Howard P. Fisher COURT OF CRIMINAL APPEALS OF TENNESSEE

On the night of January 19, 2015, Ismail Salman and William Derrick, the victim, were working at the Discount Mart in Nashville, Tennessee. Earlier that day, Salman1 had asked the Defendant to leave the store because he was in an altercation with another customer. The Defendant left, but told Derrick, “I will get you after you guys are 1 We acknowledge t... More...   $0 (06-21-2018 - TN)

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)

Jake Newland v. County of Los Angeles

An employee driving home from work on a day that he
did not have any job duties outside of the office injured a
third party. After a jury trial, the trial court imposed
liability on the employer based on evidence that the
employee regularly used his personal vehicle for work on
other days. The employer contends there was no substantial
evidence to support finding that the e... More...
   $0 (06-21-2018 - CA)

STATE OF OHIO - vs - MOHAMMED LAGHAOUI

On July 5, 2016, the Warren County Grand Jury returned a multi-count
indictment charging Laghaoui with attempted aggravated murder of a law enforcement
officer, felonious assault, improperly discharging a firearm into a habitation, tampering with
evidence, and domestic violence, among others. The charges arose after Laghaoui used
a Century Arms RAS-47 (a civilian variant of an... More...
   $0 (06-20-2018 - OH)

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)

STATE OF OHIO -vs- SABIN J. SOWERS

The relevant facts and procedural history are as follows: {¶4} On March 13, 2017, Ronald Scurlock noticed that large truck batteries were missing from pallets, as well as from various vehicles in and outside of the buildings on the premises of a business he owns in Trinway, Ohio. On March 14, 2017, he noticed more batteries missing. Scurlock started calling local scrapyards in search of the b... More...   $0 (06-19-2018 - OH)

Alan Anderson v. Sohit Khanna, Iowa Heart Center P.C. and Catholic Health Initiatives Iowa Corp., d/b/a Mercy Hospital Medical Center Supreme Court of Iowa

A patient and his family brought a medical negligence action against a physician and the physician’s employer. They alleged specific negligence and the failure of the physician to obtain informed consent. The district court granted summary judgment in favor of the defendants on the claim of informed consent based on the physician’s failure to disclose his lack of training and experience in perform... More...   $0 (06-19-2018 - IA)

United States of America v. Setpoint Systesm, Inc. District of Utah Federal Courthouse - Salt Lake City, Utah

Justice Department Settles Immigration-Related Discrimination Claim Against Setpoint Systems Inc.

The Justice Department today announced that it reached a settlement with Setpoint Systems Inc., an Ogden, Utah, engineering company. The settlement resolves the Department’s investigation into whether the company engaged in hiring discrimination against non-U.S. citizens protected under the I... More...
   $0 (06-19-2018 - UT)

STATE OF OHIO v. TORACE D. WEAVER

The Children Services Division of the Montgomery County Department of Job and Family Services placed S.T. and his brother T.W. with Weaver and his wife for foster care on September 24, 2015. 1 Tr. of Proceedings 404:21-406:13. S.T. was approximately two years old at the time, and his brother was approximately three. Id. at 395:21-396:8. ... More...   $0 (06-19-2018 - OH)

WEST CARROLLTON CITY SCHOOLS BOARD OF EDUCATION v. MONTGOMERY COUNTY BOARD OF REVISION and MCDONALD’S USA, LLC

The property at issue is a 1.383-acre parcel located at 741 East Dixie Drive
in West Carrollton, Ohio. The property is improved with a 4,470-square foot building,
constructed in 2005, that houses a McDonald’s restaurant. For tax year 2014 the
Montgomery County Auditor valued the property at $1,308,710. McDonald’s filed a
complaint with the Board of Revision (BOR) seeking to red... More...
   $0 (06-19-2018 - OH)

United States of America v. Washington Healthcare Authority Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Seattle, WA - DOJ Reaches Settlement with Washington Health Care Authority to Improve Services to Patients Who are Deaf or Hard of Hearing
WA State Agency Administered ‘Apple Health’ in a Manner that Discriminated Against Patients Who Rely on Sign Language Interpreters

The U.S. Department of Justice, working through the U.S. Attorney’s Office, and the Washington Health Care ... More...
   $0 (06-19-2018 - WA)

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)

Patricia P. Campbell v. State of Hawaii Department of Education, et al. Federal Courthouse - Honolulu, Hawaii

We must decide whether a high school teacher who was verbally harassed by her students has identified sufficient evidence to support claims for violations of her federal civil rights against the public school system that employed her.
I
Patricia Campbell was employed by the Hawaii Department of Education (DOE) from 2000 until she resigned in July 2009. From 2004 through 2007, Campbell taug... More...
   $0 (06-19-2018 - HI)

United States of America v. David Wesley Reinhart Federal Courthouse, Oakland, California

David Reinhart was convicted of two counts of
possession of child pornography, in violation of 18 U.S.C.
§ 2252(a)(4)(B). A defendant convicted of this offense who
has “a prior conviction . . . under the laws of any State
relating to . . . the production, possession, receipt, mailing,
sale, distribution, shipment, or transportation of child
pornography” is subject to a ten-... More...
   $0 (06-19-2018 - CA)

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