Alexander Alhovsky sued Officer Thomas Ryan and others on a civil rights violation theory under 42 U.S.C. 1983 claiming that he sustained physical and emotional injuries for being arrested without probable cause for leaving a a divice for inflating balloons in a Starbucks in 2006. Alhovsky, who is a professional clown, left the device in the Starbucks. Store employees called the New York Police ... More...   $0 (11-20-2009 - NY)

In this ongoing action under 42 U.S.C. § 1983, a previous panel of this court determined that various material factual disputes remained regarding the constitutionality of the near two-hour early morning detention of Melissa Harman and Justin Overton (or the “Plaintiffsâ€�), and the corresponding after-midnight searches of their garage apartment conducted by officers who worked for the Utah Dep... More...   $0 (11-20-2009 - UT)

The Watsons brought actions for ejectment, trespass, quiet title and the establishment of an easement by prescription against the Menses regarding parcels of farmland. The trial court found in favor of the Watsons. The trial court’s judgement as to ejectment damages is reversed. The trial court is required to enter a more definite legal description of the new borderline between the party’s par... More...   $0 (11-17-2009 - MO)

This case arises from the fatal shooting of DeAunta Farrow and seizure of Unseld Nance by two police officers in West Memphis, Arkansas. The families of Farrow and Nance brought this action under 42 U.S.C. § 1983 and state law against the two officers, as well as the chief of police, the mayor, and the city, alleging in particular excessive force and unreasonable seizure in violation of the Fourt... More...   $0 (11-16-2009 - )

In this lawsuit alleging violations of 42 U.S.C. § 1983, Appellant Steve Rievley, a Dayton City police officer, appeals the denial of his motion for summary judgment on claims made by Appellee Roy Denton. Rievley claims that he should have been granted summary judgment on Denton’s “warrantless arrest� claim because he is entitled to qualified immunity. We

AFFIRM.

I. BACKGROUND... More...   $0 (11-16-2009 - TN)

Esmay Parchment sued East Orange Police Officers William Flood and Kim Johnson on civil rights violation theories, 42 U.S.C. 1983, claiming that the officers brutalized her in her own home. She claimed that the officers slapped and kicked her as she lay handcuffed on the floor and that the officers used excessive force and falsely arrested her.

Defendants denied wrongdoing and claimed that... More...   $300000 (11-12-2009 - NJ)

Plaintiff-Appellant Robert Norse was ejected from two meetings of the Santa Cruz City Council, one in 2002 and one in 2004. He filed this 42 U.S.C. § 1983 action against the City and its Mayor and Council members alleging violation of his First Amendment rights. In a 2004 unpublished, nonprecedential disposition, we unanimously upheld the validity of the Council rules that were being enforced at ... More...   $0 (11-07-2009 - CA)

Charles Thomas Sell sued the United States, alleging that he had been the victim of medical malpractice that occurred while he was in federal custody awaiting trial. The district court1 dismissed the case with prejudice as barred by the two-year statute of limitations for claims under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680. Sell appeals, arguing that the district court erred ... More...   $0 (11-06-2009 - MO)

Matthew Miller appeals from the district court’s order denying him qualified immunity against Samuel Rhoads’ 42 U.S.C. § 1983 claim that Deputy Miller subjected him to excessive force while booking him into the Big Horn County Jail. We affirm.

Background

On December 1, 2005, Deputy Ben Mayland responded to a complaint that a drunken man in a wheelchair – Mr. Rhoads – was thr... More...   $0 (11-05-2009 - Wy)

This action arises from the tragic shooting by police officers of a fifteen-year old boy, Brandon McCloud, in his own bedroom. While conducting a protective sweep of a home in the early-morning darkness prior to executing a search warrant, the officers encountered a male suspect hiding in a bedroom closet. When they ordered him to come out and show his hands, the suspect came toward the officers w... More...   $0 (11-04-2009 - OH)

Plaintiff-Appellant Lisa Nicole Bridges appeals from summary judgment in favor of Defendant-Appellee Deputy Brandon Yeager on her civil rights claims. 42 U.S.C. § 1983. Ms. Bridges sued the deputy solely in his individual capacity for compensatory and punitive damages claiming that (1) he used excessive force while arresting her, and (2) he falsely arrested her for assault and battery on a police... More...   $0 (11-03-2009 - OK)

Appellants, Lawrence Crews (Crews), a minor, by his mother and natural guardian, Lynette Crews, and Lynette Crews, in her own right (Mother) appeal from an order of the Court of Common Pleas of Delaware County (trial court) which determined that Crews did not have standing to challenge the constitutionality of the City of Chester Ordinance (Ordinance), Article 711, an anti-loitering ordinance. We ... More...   $0 (11-02-2009 - PA)

Kenneth Eugene Barrett, a federal prisoner appearing pro se and in forma pauperis, appeals from the district court’s entry of judgment in favor of defendants in his civil rights suit filed under 42 U.S.C. § 1983. We reverse and remand with respect to defendants Gary Philpot and Michael Hendricks. In all other respects, we affirm.

I.

Mr. Barrett was arrested at his residence in the... More...   $0 (11-02-2009 - OK)

This case requires us to delineate, in a quite literal sense, the boundaries of the First Amendment’s protection of speech. In response to concerns about aggressive protests and confrontations at health care facilities providing abortions, the City of Pittsburgh enacted Ordinance No. 49 in December 2005. Pittsburgh, Pa., Code tit. 6, §§ 623.01–623.07. The Ordinance established two different ... More...   $0 (10-30-2009 - PA)

This is an insurance case raising some questions of Georgia law.

Without issuing a written reservation of rights, an insurer assumed the defense of a lawsuit for almost eleven months but stopped defending near the end of the discovery period because it decided that there was no coverage. At that point the policy holder hired its own attorneys to defend the lawsuit. About one month after the... More...   $0 (10-30-2009 - GA)

This appeal is the second in continuing litigation by a group of members of the Passamaquoddy Tribe called Nulankeyutmonen Nkihtaqmikon--the phrase means "We Protect the Homeland," and we refer to the group as NN--to challenge a Bureau of Indian Affairs ("BIA") decision; the decision approved a lease of a plot of Passamaquoddy land for the construction and operation of a liquefied natural gas ("LN... More...   $0 (10-29-2009 - ME)

After he was arrested for the simple assault of his estranged wife, Ralph Holder brought this § 1983 action against the Town of Sandown, one Sandown police officer and the Sandown Chief of Police. In his complaint, Mr. Holder alleged, in addition to other claims not relevant to this appeal, that the officer had lacked probable cause to effect the arrest and therefore had violated his rights under... More...   $0 (10-29-2009 - NH)

Jamie Marie Meissner sued Orange County, California sheriff's deputies on a civil rights violation theory under 42 U.S.C. 1983 claiming that the deputies used excessive force when she was arrested on suspicion of given false information to them after she was questioned by Laguna Beach police for jaywalking.

Defendants denied wrongdoing.... More...   $0 (10-28-2009 - MD)

Plaintiffs-Appellants Amy Thomson, individually and as guardian ad litem for her two children, and the estate of Chad Thomson, through Ms. Thomson as its personal representative, challenge the district court’s grant of summary judgment for Defendants-Appellees Salt Lake County and Deputy Alan Morrical. First, Plaintiffs argue that it was error to grant summary judgment to Deputy Morrical on the ... More...   $0 (10-27-2009 - UT)

Patrick Butler, who began working as a police officer in the little village of Round Lake (Illinois) in 1997, appeals from a grant of summary judgment dismissing the case he brought against the village in 2006 under the Americans With Disabilities Act (ADA). The basis for the dismissal was judicial estoppel. We begin with the facts.

Based in Kenosha, Wisconsin, 1 it was ranked as the number... More...   $0 (10-26-2009 - IL)

In this civil rights case, Orlando police officers Lori Fiorino and David Burk appeal from the district court’s denial of their motion for summary judgment on the basis of qualified immunity. Appellee Amy Shirley Oliver, as personal representative of the estate of Anthony Carl Oliver, Sr., alleges that the officers used excessive and unreasonable force in violation of Anthony Oliver’s Fourth A... More...   $0 (10-26-2009 - FL)

In this interlocutory appeal, Joe Rector challenges the district court’s denial of his motion for summary judgment based on qualified immunity. Danny Bowling sued Rector and eight other defendants under 42 U.S.C. § 1983, alleging that they violated his constitutional right to be free from unreasonable search and seizure when Rector applied for and received a warrant to search Bowling’s house ... More...   $0 (10-26-2009 - OK)

James E. Stevenson, Jr., appeals pro se from a district court order that dismissed his civil-rights complaint as time barred. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

BACKGROUND

Mr. Stevenson filed his 42 U.S.C. § 1983 complaint pro se on June 11, 2008. He alleged that he was falsely arrested and beaten by deputies of the Carter County, Oklahoma, Sheriff’s Offi... More...   $0 (10-26-2009 - OK)

Jacqueline Fegan sued Robert Reid, Dennis Doherty, James Young, Michael Drew and City of Chicago on a civil rights violation theory, 42 U.S.C. 1983, claiming that defendants conspired to violate her civil rights by arresting during a dispute over a parking ticket. While on her normal patrol, Fegan had come upon the four officers in a dispute with a traffic aide. She testified that Officer Robert R... More...   $1500000 (10-24-2009 - IL)

Plaintiffs-Appellants Delia Berglund and her daughter Darlene Vasquez (“Plaintiffsâ€�) appeal the district court’s grant of summary judgment for Defendants-Appellees Board of County Commissioners of Pottawatomie County, Pottawatomie County Sheriff Kurt Shirey, Pottawatomie County Sheriff’s Deputy David Swearingen, and Pottawatomie County Sheriff’s Deputy Anthony Rodriguez (“Defendantsâ€�... More...   $0 (10-22-2009 - OK)