25 results for 'cat:"Civil Procedure" AND cat:"Immunity"'.
J. Siler finds the prison officers failed to properly raise the defense of qualified immunity before the lower court and, therefore, forfeited the defense. Although qualified immunity was "mentioned" in their response to the inmate's civil rights lawsuit, the officers failed to provide any legal of evidentiary arguments to support their position, which renders it forfeit. Affirmed.
Court: 6th Circuit, Judge: Siler, Filed On: May 15, 2024, Case #: 23-1291, Categories: civil Procedure, Civil Rights, immunity
J. Kennedy finds in this interlocutory appeal that the lower court properly dismissed certain claims against the school district due to a lack of subject matter jurisdiction. Contrary to the appellant's argument, the district's removal of the case to federal court "did not impact its right to rely on governmental immunity under state law." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: May 13, 2024, Case #: 05-23-00877-CV, Categories: civil Procedure, immunity, Jurisdiction
J. Tenney finds that the trial court properly dismissed a negligent hiring complaint against a university that hired a nurse who had a sexual assault conviction and went on to abuse several patients. The patients failed to provide the university with the notice of claim as required for a waiver of statutory governmental immunity. Affirmed.
Court: Utah Supreme Court, Judge: Tenney, Filed On: April 18, 2024, Case #: 20230197-CA, Categories: civil Procedure, immunity, Negligence
J. Parker finds that the district court improperly found for a police officer on excessive force claims in a fatal shooting. On initial appeal, the verdict for the officer was vacated with remand instructions to hold a new trial; instead, a motion for summary judgment on qualified immunity was entertained and granted. Because the instructions were ignored, and questions of fact still remained, remand for a new trial is again warranted. Vacated in part.
Court: 2nd Circuit, Judge: Parker, Filed On: March 19, 2024, Case #: 22-969-cv, Categories: civil Procedure, immunity, Civil Rights
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J. Kenney denies in part Lancaster County, Pennsylvania’s motion for summary judgment on a vape shop’s allegations that its police officers conducted a warrantless search and seizure of certain hemp-derived products it sold in violation of the Fourth Amendment. The court cannot determine yet, based on the current facts provided, whether the county’s district attorney and police officers have absolute immunity in this case.
Court: USDC Eastern District of Pennsylvania, Judge: Kenney, Filed On: March 5, 2024, Case #: 5:23cv3000, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Civil Rights, immunity
Per curiam, the Iowa Supreme Court finds that the county and deputy sheriff were properly denied qualified immunity after the deputy shot and killed a man attempting to flee arrest because qualified immunity protections of Iowa Code 670.4A did not apply retroactively to the 2018 incident. Affirmed.
Court: Iowa Supreme Court, Judge: Per curiam, Filed On: March 1, 2024, Case #: 22-1194, Categories: civil Procedure, Civil Rights, immunity
Per curiam, the court of civil appeals finds that the lower court properly dismissed the appellant's petition against the commissioner of the Alabama Department of Corrections based on improper venue. The appellant fails to show that the case, which concerned the collection of child-support payments from an inmate account, should be heard in Lawrence County. However, the judgment improperly dismissed her petition on sovereign immunity grounds. Affirmed in part.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: January 5, 2024, Case #: CL-2023-0289, Categories: civil Procedure, immunity, Venue
Per curiam, the circuit finds that the city's appeal should be dismissed as brought from the denial of qualified immunity against claims concerning a business owner's eviction. The city was not entitled to immediate appeal under the collateral order doctrine since the denial was based on timeliness rather than the merits of the defense.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 26, 2023, Case #: 23-459, Categories: civil Procedure, immunity
[Consolidated.] J. Cabranes finds that the district court properly held that Donald Trump waived presidential immunity by failing to raise such as an affirmative defense in answering E. Jean Carroll's defamation complaint stemming from an alleged sexual assault. Meanwhile, the court properly denied his request to amend the answer and properly struck the defense from his answer to her amended complaint. Additionally, the appeal from the finding of per se defamation concerning statements Trump made after Carroll alleged he raped her in a department store dressing room in the 1990s must be dismissed for lack of jurisdiction. Affirmed.
Court: 2nd Circuit, Judge: Cabranes, Filed On: December 13, 2023, Case #: 23-1045-cv (L), Categories: civil Procedure, immunity, Defamation
J. Jewell finds that the trial court improperly denied summary judgment to the school district in a motorist's suit over an auto accident with its police officer who was responding "to a report of a person with a gun at an elementary school." The evidence shows that the emergency response exception applies to the actions of the officer, so the school district has immunity as to the motorist's claims. Reversed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: November 30, 2023, Case #: 14-22-00223-CV, Categories: civil Procedure, Tort, immunity
J. Bates grants a motion to dismiss filed by a Hungarian asset management company, a university and three art museums on a family's action to recover an art collection that was seized during the Holocaust. The family fails to show Germany was responsible for the takings, and, if their predecessors were stateless at the time of the seizure, the family cannot show the state's taking was a violation of the international law of expropriation for jurisdictional purposes.
Court: USDC District of Columbia, Judge: Bates, Filed On: September 28, 2023, Case #: 1:10cv1261, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: civil Procedure, Property, immunity
J. King finds that the district court properly dismissed a mother's civil rights and false reporting complaint against two doctors, a detective, a prosecutor and a social worker who alleged she had abused or neglected her son. Her third amended complaint was dismissed because defendants were immune from liability and the complaint failed to state a valid claim for relief. She waived her right to appeal the dismissal of the third amended complaint because her appeal relies on facts and allegations from a proposed fourth amended complaint that was denied by the district court. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: September 6, 2023, Case #: 49385, Categories: civil Procedure, Civil Rights, immunity
Per curiam, the circuit finds that the district court improperly held that sovereign immunity barred claims concerning rules on purchasing from small power producers that allegedly preempt federal energy policies. Because the effect of the rules is ongoing, sovereign immunity does not apply, and new rules do not moot previous claims.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 18, 2023, Case #: 22-2726, Categories: civil Procedure, Energy, immunity
J. Breen denies the pro se plaintiff's motion to alter or amend the judgment in this case pursuant to Rule 59(e). The judgment dismissed his civil rights complaint, which arose from certain "petitions to establish paternity and various child support orders." The individual plaintiff failed to object to certain findings in the magistrate judge's report. Also, certain claims are barred under the Rooker-Feldman doctrine, and others are barred by immunity.
Court: USDC Western District of Tennessee , Judge: Breen, Filed On: July 17, 2023, Case #: 1:22cv1103, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Civil Rights, immunity
Per curiam, the circuit agrees with the district court that the descendants' of Jewish art firm owners, whom they claim were forced by the Nazi government in 1935 to sell medieval relics and devotional objects, cannot now argue the firm owners were not German nationals in an effort to dodge the Federal Republic of Germany's immunity defense. The descendants did not argue this theory until the appeal reached the Supreme Court, at which point it was not preserved. Affirmed.
Court: DC Circuit, Judge: Per curiam, Filed On: July 14, 2023, Case #: 22-7126, Categories: civil Procedure, immunity
J. Dishman partially grants the individual defendants' dismissal motion in this lawsuit seeking monetary damages in connection with a misdemeanor criminal case. The individual plaintiff may not assert claims on behalf of his company, since he is proceeding pro se and is not an attorney. Also, the individual defendants, which include a judge and a district attorney, are both entitled to immunity.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: July 14, 2023, Case #: 5:23cv148, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, immunity, Damages
J. Miskel finds that the lower court improperly denied the city's plea to the jurisdiction and granted a temporary injunction to the appellee construction company in this suit concerning a construction project for a walking trail. The construction company, which was not awarded the contract for the project, failed to establish a waiver of immunity under Chapter 252. Reversed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: July 11, 2023, Case #: 05-22-00665-CV, Categories: civil Procedure, immunity, Jurisdiction