16 results for 'cat:"Government" AND cat:"Damages"'.
Per curiam, the circuit finds the district court properly dismissed civil rights claims filed by the individual against whom criminal trespass warnings were issued. He asserts more than 100 civil claims seeking millions of dollars in damages. Qualified immunity shields officials performing discretionary functions from civil liability. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 26, 2024, Case #: 23-11190, Categories: Civil Rights, government, damages
J. Fischer finds that while the port authority is an arm of the state, it is not exempt or immune from being assessed prejudgment interest in the current case, where the developer obtained a judgment as a creditor for the port's breach of a development contract. Therefore, the case must be remanded for a proper calculation of interest. Reversed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: April 23, 2024, Case #: 2024-Ohio-1501, Categories: government, damages, Contract
J. Lewis grants the medical transport service's request for default judgment, awarding it $469,000 in damages and interest. The service subcontracted to provide transport for Veterans Affairs, the company under which it contracted later having a controlling interest obtained by the other party to this suit. This party failed to pay the service after it entered into a new contract with the service. The service has established the new contractor failed to perform under the contract.
Court: USDC South Carolina Aiken, Judge: Lewis , Filed On: March 27, 2024, Case #: 3:21cv2801, NOS: Other Contract - Contract, Categories: government, damages, Contract
J. Trapp finds the lower court properly granted the former city clerk's motion for summary judgment on claims related to the early termination of her employment contract. The city failed to provide 30 days notice and did not satisfy its burden to provide proof of just cause for termination; therefore, the clerk was entitled the entire amount of severance pay stated in the contract. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: March 4, 2024, Case #: 2024-Ohio-782, Categories: Employment, government, damages
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J. Mahan finds in favor of the civilian driver in a car collision case based, in part, on the government's concession of $4,300 in damages for the accident, in which she was rear-ended by an Army sergeant. However, the driver fails to show she is entitled to $5 million in damages for spinal cord and brain injuries, as she provided no medical testimony showing a connection between the accident and her neurological injury.
Court: USDC Nevada, Judge: Per curiam, Filed On: December 28, 2023, Case #: 2:19cv248, NOS: Motor Vehicle - Torts - Personal Injury, Categories: government, Vehicle, damages
J. Lewis finds a lower court properly dismissed the father of a murdered son's motion for compensation under the Criminal Injuries Compensation Authority. The father argued that he is entitled to a bereavement award after a third partly murdered his son, who was a citizen of Sri Lanka. However, the government sufficiently showed in court that he is not a resident of the U.K., which disqualifies him for relief. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: December 21, 2023, Case #: CA-2022-1937, Categories: government, damages
J. Conrad grants a host of judges, courts and the federal government, among others, their motion to dismiss claims of a conspiracy against a man involving the Eastern District of Tennessee’s Electronic Case Filing system. The man failed to timely respond to the motion to dismiss and his claims lack any basis. Further, the man has a considerable record of making frivolous complaints and will therefore be subject to a pre-filing review system to prevent continued abuse and harassment of the court should he choose to bring future actions.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: December 15, 2023, Case #: 3:23cv423, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Communications, government, damages
J. Witt finds that the lower court properly ordered the state to release $8 million from the State Legal Expense Fund to satisfy a judgment in favor of a developmentally disabled man who was beaten with a plastic hanger by a state-employed nurse because he didn't want to go to bed. There is no requirement that state employees be performing their duties in good faith for the Fund to be available to satisfy the judgment. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: December 12, 2023, Case #: WD86029, Categories: government, damages, Assault
J. Kennedy finds that while this court previously remanded an individual's case to the appeals court with instructions to provide further analysis of his Open Meetings Act claims, the appeals court properly granted the board of commissioner's motion to dismiss because the petitioner had already obtained relief in the form of certain public documents, while the allegedly unlawful consent agenda was no longer used by the board, which mooted the claim. However, the appeals court erroneously reopened the question of whether the board's initial actions violated the Act, and so the case will again be remanded to allow for analysis of whether he is entitled to statutory damages. Affirmed in part.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: September 26, 2023, Case #: 2023-Ohio-3382, Categories: government, Public Record, damages
Per curiam, the Supreme Court of Ohio denies a teacher's request to compel the production of documents related to an incident of suspected child abuse because there is no indication the call screen log was ever produced by the police department during the investigation into another teacher at the school. Meanwhile, the petitioner is not entitled to statutory damages under the Ohio Public Records Act because the initial redactions in the records were made to protect the identity of a possible suspect.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 19, 2023, Case #: 2023-Ohio-3285, Categories: government, Public Record, damages
Per curiam, the Supreme Court of Ohio finds the court of appeals properly granted the union's request for a writ of mandamus and statutory damages following a city's refusal to provide certain requested records. The union's request for all emails exchanged between two specific city employees over a specific period of time satisfied particularity requirements of the Ohio Public Records Act and required the city to promptly provide the requested information. Affirmed in part.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 7, 2023, Case #: 2023-Ohio-3112, Categories: government, Public Record, damages
J. McFarland grants the Department of Labor's motion for default judgment, ruling it has sufficient evidence to prove the home health care company failed to pay its employees overtime and minimum wage, and improperly classified them as independent contractors. The company is enjoined from any further violations and is ordered to pay more than $768,000 in liquidated damages.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: June 30, 2023, Case #: 1:20cv744, NOS: Fair Labor Standards Act - Labor, Categories: government, damages, Labor
J. Dlott grants the Secretary of Labor's motion for default judgment, ruling the employer's admissions about its payment practices, including misclassification and manipulation of hours, as well as its failure to keep adequate records, are definitive proof of its violations of the Fair Labor Standards Act. Therefore, based on reliable calculations from another member of the Department of Labor, the employees are entitled to liquidated damages of more than $132,000 for unpaid overtime.
Court: USDC Southern District of Ohio, Judge: Dlott, Filed On: June 29, 2023, Case #: 1:18cv590, NOS: Fair Labor Standards Act - Labor, Categories: government, damages, Labor
J. Cain grants the U.S. government’s motion to dismiss a neo-Nazi prison gang member’s million-dollar suit against a federal prison in Louisiana, arising from injuries sustained in a razor slashing attack by an inmate from a notorious Mexican gang, despite the litigant declaring his rival gang affiliation to a prison screening officer. The litigant-prison gang member fails to overcome the government’s assertion of immunity from liability.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: June 7, 2023, Case #: 2:22cv1184, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment, government, damages