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Qualified Immunity Law
 
STATE OF KANSAS v. URTIS ANTHONY THAXTON

On January 28, 2016, Brandy Blomgren reported to the police that someone had stolen her 1999 Ford Explorer from the driveway in front of her house. Blomgren saw her car drive down the street away from her house, but she did not see who was driving it. About two weeks later, on February 11, 2016, Kansas City Police Officer Michael Moulin was on patrol at night when he saw a Ford Explorer stopped on... More...   $0 (08-18-2018 - KS)

LARRY D. LINCOLN; BRAD C. MOSBRUCKER v. BNSF RAILWAY COMPANY

On October 9, 2007, a BNSF tank car sprung a leak near where Appellants were working, exposing Appellants to 2-chlorobenzyl chloride. Following the tank car spill accident, Appellants attempted, for over two years, to negotiate a monetary settlement with BNSF as to the injuries they sustained from the accident. During that two-year period, Appellants continued to perform their duties as MOW wo... More...   $0 (08-17-2018 - )

Samuel Scudder v. Dolgencorp. L.L.C., d/b/a Dollar General Store Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

After returning from military service in Afghanistan, Samuel Scudder brought
suit against Dolgencorp, LLC, doing business as Dollar General Stores (“Dollar
General”), alleging the company denied him reemployment as required under the
Uniformed Services Employment and Reemployment Rights Act of 1994
(“USERRA”), 38 U.S.C. §§ 4301-4335. Scudder appeals the district court’s order
g... More...
   $0 (08-17-2018 - AR)

United States of America v. Michael John Walker District of Minnesota Federal Courthouse - Minneapolis, Minnesota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This case returns to us after resentencing. In the previous appeal, we vacatedand remanded for reconsideration of whether Michael Walker, who was convicted ofbeing a felon in possession of a firearm, qualified as an armed career criminal. SeeUnited States v. Walker, 840 F.3d 477, 490–91 (8th Cir. 2016). On remand, thegovernment conceded that Walker is not an armed career criminal, but sought a 4-<... More...   $0 (08-17-2018 - MN)

UNITED STATES OF AMERICA v. KING MOUNTAIN TOBACCO COMPANY, INC.

In 2006 the late Delbert Wheeler, Sr., a lifelong-enrolled member of the Yakama Nation in Washington State, purchased “80 acres of trust property . . . from the Yakama Nation Land Enterprise, the agency of the Yakama Nation which is charged with overseeing the maintenance of real property held in trust by the United States for the benefit of the Yakama Nation and its members.” Wheeler then opened... More...   $0 (08-17-2018 - WA)

UNITED STATES OF AMERICA v. ROY ALLEN GREEN

In 2001, Green was sentenced to 687 months of imprisonment for convictions on federal drug and firearms charges, including a conviction for conspiracy to distribute methamphetamine. Later that same year, while serving that sentence, Green attacked another inmate with a shank. Green then pleaded guilty to one count of assault with intent to commit murder, in violation of 18 U.S.C. § 113(a)(1). A... More...   $0 (08-17-2018 - PA)

UNITED STATES OF AMERICA –v.– MERLIN ALSTON

Alston worked as a New York City police officer from 2006 until his arrest in July 2   2015. A few years into his law enforcement career, however, he began serving as an 3   armed driver for his childhood friend, Gabriel Reyes, who sold marijuana, cocaine, and 4   MDMA. Alston knew that Reyes was dealing drugs, but he never reported Reyes to 5   authorities or encouraged Reyes to stop. To the cont... More...   $0 (08-16-2018 - NY)

State of Tennessee v. Geremy Paul Mathis

The Appellant’s indictment for initiating a process intended to result in the manufacture of methamphetamine occurred after motel employees discovered components of a “meth lab” in a motel room and notified the police. The police surveilled the motel room and saw the Appellant enter and leave the room. The police then stopped the Appellant’s vehicle for a traffic infraction and found a meth lab ... More...   $0 (08-15-2018 - TN)

Eden Gonzalez Has v. Fhodyco Productions

After crossing the finish line at the 2011 Kaiser Permanente San Francisco Half
Marathon, Peter Hass (Hass) tragically suffered a cardiac arrest, collapsed, and died.
Hass’s wife, Eden Hass, and his two minor children (collectively, the Hass Family)
consequently filed this wrongful death action, alleging that numerous race-affiliated
individuals and entities—including event organiz... More...
   $0 (08-15-2018 - CA)

Mark C. James v. Sam Woods; Stephanie Welborn Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

This appeal—interwoven with a custody dispute—arrives in our court following a father’s report of sexual misconduct inflicted on his child by the child’s stepfather. Upon investigation by the St. Tammany Parish Sheriff’s Office, the stepfather was arrested and charged with aggravated incest. A state-court jury ultimately acquitted him at trial, and he later filed these malicious-prosecution and in... More...   $0 (08-14-2018 - LA)

United States of America v. City of Minneakpolis District of Minnesota Federal Courthouse - Minneapolis, Minnesota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Minneapolis, MN - Justice Department Reaches Agreement with the City of Minneapolis to Resolve Disability and Genetic Information Discrimination Complaint

The Justice Department today announced that it reached an agreement with the City of Minneapolis to resolve its lawsuit alleging discrimination on the basis of disability and genetic information. The Justice Department’s complaint alleg... More...
   $0 (08-14-2018 - MN)

State of Ohio v. Rickey Lamb, Jr.

On July 21, 2015, the Fulton County Grand Jury issued a seven-count indictment charging appellant with one count of arson in violation of R.C. 2909.03(A)(2), a felony of the fourth degree (“Count 1”); one count of aggravated arson in violation of R.C. 2909.02(A)(2), a felony of the second degree (“Count 2”); one count of aggravated arson in violation of R.C. 2909.02(A)(1), a felony of the firs... More...   $0 (08-14-2018 - OH)

STATE OF OHIO -vs- GEORGE HERBERT SWOGGER

Swogger and K. P. had been in a romantic relationship for eight months. On June 22, 2017, they were living together at 601 Brown Ave. N.W., Apt #1, in Canton, Ohio. At approximately, 7:45 p.m. the two got into a disagreement. Swogger pulled K.P. from the porch into the house by her hair, struck her about the face, grabbed her around the neck and strangled her. {¶3} Canton City police offi... More...   $0 (08-14-2018 - OH)

STATE OF OHIO v. JAMES F. COYLE

On February 1, 2017, Coyle’s wife, Erin Coyle, filed a report with the Butler Township Police Department in which she alleged that, the night before, Coyle had physically abused and forcibly restrained her in their residence during a protracted marital dispute; she also alleged that, during a previous dispute on January 23, 2017, Coyle had destroyed a laptop computer belonging to her employer.... More...   $0 (08-13-2018 - OH)

Thomas E. St. Pierre v. Retrieval Masters Creditors Bureau, Inc. District of New Jersey Federal Courthouses

In this appeal following the District Court’s dismissal of Appellant Thomas E. St. Pierre’s class action complaint, we consider a matter of first impression among the Courts of Appeals: whether unpaid highway tolls constitute the type of “debt” that could support a consumer claim under the Fair Debt Collection Practices Act. Because we conclude they do not, we will affirm.
I. Background1
A... More...
   $0 (08-13-2018 - NJ)

Protect Niles v. City of Freemont, Doug Rich, Real Party in Interest and Appellants

The City of Fremont (City) approved a residential and retail development (Project)
in its Niles historical district over considerable neighborhood opposition. The City
adopted a mitigated negative declaration after finding the Project as mitigated would have
no significant adverse environmental impact. Protect Niles1 petitioned for a writ of
mandamus ordering the City to overturn t... More...
   $0 (08-12-2018 - CA)

Sherry Vernell Webb v. State of Indiana

On March 31, 2017, Malinda Solomon drove her vehicle to pick up Robert Crisler at an apartment building, parked her vehicle in the parking lot, entered the building, knocked on the door to Robert and his wife Ethel’s apartment, and was let inside. Webb, who lived in a neighboring apartment, was in the apartment with Robert and Ethel. At some point, Webb stood up and said “that’s the b---- t... More...   $0 (08-12-2018 - IN)

Property California SCJLW One Corporation v. Kris Leamy

Defendants Robin and Kris Leamy appeal from a final judgment entered in favor
of plaintiff Property California SCJLW One Corporation. The judgment was entered
based on an order granting plaintiff’s motion for summary judgment regarding a
settlement agreement (Agreement) involving attorney fees that contained a standard
general release. Defendants contend summary judgment was improp... More...
   $0 (08-12-2018 - CA)

STATE OF KANSAS v. CHRISTINA A. CADENHEAD Absconder

Christina A. Cadenhead pled no contest to possession of methamphetamine. She objected to the classification of a 2005 burglary of a dwelling as a person felony, which resulted in a criminal history score of C. The district court denied her objection. She appeals.

Cadenhead was arrested for multiple warrants. During the December 2016 arrest, she admitted she had a needle in her front p... More...
   $0 (08-10-2018 - KS)

Lawrence Rubin Montoya v. Detective Martin E. Vigil, et al. District of Colorado Federal Courthouse - Denver, Colorado Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

A jury convicted fourteen-year-old Lawrence Montoya for the New Year’s
Day murder of a teacher from his school. After serving over thirteen years in
prison, Montoya brought post-conviction claims for ineffective assistance of
counsel and actual innocence. The prosecution agreed to a compromise resulting
in Montoya’s release from prison. He then sued several detectives involved in t... More...
   $0 (08-10-2018 - CO)

Tremane Wood v. Mike Carpenter Oklahoma County Courthouse - Oklahoma City, Oklahoma

An Oklahoma jury convicted Tremane Wood of first-degree felony murder
for the killing of Ronnie Wipf during a botched robbery. The jury found
Oklahoma had proved three aggravating circumstances associated with the
murder, and the mitigating circumstances did not outweigh them. The jury
accordingly sentenced Wood to death.
The conclusion of Wood’s trial was only the start of his... More...
   $0 (08-10-2018 - OK)

HOWARD JOHNSON III v. U.S. FOOD SERVICE, and AMERICAN ZURICH INSURANCE CO

On October 16, 2015, Howard Johnson, who had been employed by U.S. Food Service since 2002 as a delivery driver, suffered an on-the-job injury to his neck when he tried to dislodge a partially frozen trailer door at work. Later that month, Dr. Harold Hess, a neurosurgeon, examined Johnson for the first time. Johnson complained of neck and left arm pain along with numbness and weakness in his ... More...   $0 (08-09-2018 - KS)

FRANK ROBINSON v. STATE OF KANSAS

After an apartment house in Topeka burned and one of the tenants died, the United States government charged Robinson with arson resulting in death. When the federal government dismissed the charge before trial, the State of Kansas charged Robinson with felony murder and aggravated arson. All pertinent details of the state prosecution may be read in the direct criminal appeal reported in State v. R... More...   $0 (08-09-2018 - KS)

Gold Medal, LLC, d/b/a Run Gum v. USA Track & Field; United States Olympic Committee District of Oregon Federal Courthouse - Portland, Oregon

Appellant Gold Medal LLC d/b/a Run Gum (Run Gum)
appeals the district court’s order dismissing its complaint.
Run Gum alleged that Appellees USA Track & Field
(USATF) and the United States Olympic Committee
(Olympic Committee) engaged in an anticompetitive
conspiracy in violation of antitrust law by imposing
advertising restrictions during the Olympic Trials for track
a... More...
   $0 (08-09-2018 - OR)

Araceli Rodriguez v. Lonnie Swartz, Agent of the U.S. Boarder Patrol Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

A U.S. Border Patrol agent standing on American soil
shot and killed a teenage Mexican citizen who was walking
down a street in Mexico. We address whether that agent has

6 RODRIGUEZ V. SWARTZ

qualified immunity and whether he can be sued for violating
the Fourth Amendment. Based on the facts alleged in the
complaint, we hold that the agent violated a clearly
e... More...
   $0 (08-09-2018 - AZ)

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