| Constitutional Law Law |
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David Burke v. County of Alameda
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This case involves the conflict between the right of families to be free of arbitrary governmental interference and the legitimate role of the state in protecting children from abuse. In 2005, B.F., the fourteen-year old daughter of Melissa Burke and Clifton Farina, ran away from home. One week after she returned, Mark Foster, an Alameda County police officer, met with B.F. to discuss formally the... More... $0 (11-11-2009 - CA)
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Gary Lundgren v. City of Wasilla
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A landowner challenged a municipality’s delay in replatting and providing an accurate legal description of the land it took using its power of eminent domain, alleging that it unnecessarily interfered with his remainder property rights. As a remedy the landowner requested that the superior court dismiss the previously approved taking without prejudice or, alternatively, change the valuation date... More... $0 (11-06-2009 - AK)
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A.M. v. Paul Elliott Cash
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Plaintiffs are current and former students of Burleson High School, located in Burleson, Texas. In response to previous incidents, the high school adopted a policy prohibiting the display of the Confederate flag on school grounds. When plaintiffs A.M. and A.T. came to school at the beginning of the spring 2006 semester carrying purses adorned with large images of the Confederate battle flag, admin... More... $0 (10-10-2009 - TX)
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Suzanne LeFrere v. Jorge Quezada, Baldwin County Commission, et al.
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Because state supreme courts are the final arbiters of state law, “when we write to a state law issue, we write in faint and disappearing ink,” and “once the state supreme court speaks the effect of anything we have written vanishes like the proverbial bat in daylight, only faster.” Sultenfuss v. Snow, 35 F.3d 1494, 1504 (11th Cir. 1994) (Carnes, J., dissenting). A dozen years ago we held ... More... $0 (09-11-2009 - AL)
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David C. Davidson v. Seneca Crossing Section II Homeowner’s
Association, Inc., et al.
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Appellant, David S. Davidson, initiated this litigation by filing suit against appellees, Seneca Crossing Section II Housing Association, Inc. (“the Association”), Azadeh Kaider (“Azadeh”), Brian Kaider (“Brian”), Lourdes Sandoval (“Lourdes”), and Santiago Sandoval (“Santiago”).1 The individual appellees are past and present members of the Association’s Board of Directors. Th... More... $0 (08-31-2009 - MD)
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Caneyville Volunteer Fire Department, et al. v. Green's Motorcycle Salvage, Inc., et al.
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The present appeal comes to this Court by way of discretionary review from an action asserting negligence brought by Appellees, Orville Green, Catherine Green and Green's Motorcycle Salvage, Inc., against Appellants, Caneyville Volunteer Fire Department (hereinafter CVFD), the City of Caneyville and CVFD Fire Chief, Anthony Clark. At the outset, we note that the City of Caneyville was entitled to ... More... $0 (08-11-2009 - )
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Sanford Thigpen, et al. v. City of East Orange, et al.
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Defendants, City of East Orange, East Orange Board of Police Commissioners and East Orange Police Department, appeal from a final judgment awarding damages in the amount of $592,628 to plaintiff, Francis DeHerde, a retired East Orange police officer, for back salary and past and future pension benefits owed to him for alleged service as a de facto police sergeant or lieutenant, supervising the Tra... More... $0 (07-30-2009 - )
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Lonney Roark v. South Iron R-1 School District
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For some thirty years, school officials at South Iron Elementary School in Iron County, Missouri, permitted representatives of Gideons International to distribute Bibles to fifth grade students in the classroom, during the school day, in the presence of a teacher or school administrator. In February 2006, parents of several elementary school students commenced this action against the School Distri... More... $0 (07-18-2009 - MO)
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Richmond Medical Center for Women, et al. v. Michael N. Herring, et al.
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In this case, we consider whether Virginia’s "Partial Birth Infanticide" Act, Va. Code Ann. § 18.2-71.1 (the "Virginia Act"), is facially unconstitutional. After the Commonwealth of Virginia enacted the Virginia Act in April 2003, but before its July 1, 2003 effective date, Richmond Medical Center and its owner and medical director, Dr. William Fitzhugh (collectively, "Dr. Fitzhugh"), commenced... More... $0 (07-03-2009 - VA)
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Michael James Berger, aka Magic Mike v. City of Seattle, Virginia Anderson, et al.
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In 2002, the City of Seattle promulgated a set of rules governing the conduct of visitors to one of its major attractions, an 80-acre public park and entertainment complex known as the Seattle Center. The new rules regulated for the first time the behavior of the Center’s street performers. We consider today the constitutional validity of some of those rules.
Among other provisions, the n... More... $0 (06-24-2009 - WA)
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H.D.V. - Greektown, LLC, et al. v. City of Detroit
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This case involves a challenge to the City of Detroit’s zoning and sign ordinances by an adult cabaret operating in the City’s central business district. The plaintiffs allege that the City has utilized the challenged ordinances to prevent the cabaret from transferring its business to a new owner and from erecting signage desired by the present owner.
Although the district court held th... More... $0 (06-15-2009 - MI)
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Jeanette Goodman v. Harris County, et al.
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This civil suit arises from the fatal shooting of Michael Goodman (“Michael”) by Harris County, Texas, Deputy Constable Terry Ashabranner (“Ashabranner”). Jeanette Goodman (“Goodman”), Michael’s mother, appeals from the district court’s grant of summary judgment in favor of Harris County and Constable Ron Hickman (“Hickman”) on her Texas Tort Claims Act (“TTCA”) causes of a... More... $0 (06-10-2009 - )
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Christi Turpin v. John Koropchak, David L. Wilson, and Nancy Mundschenk
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The issue in this case is jurisdiction. Christi Turpin, a former graduate student of Southern Illinois University (SIU), sued two deans and a professor in
We freely admit 1 to having absolutely no clue as to what her dissertation was all about. Its title—The Link Between Vocational Rehabilitation Counselors Who Utilize Performance Technologies Competencies and the Resulting Impact Upon Th... More... $0 (06-05-2009 - IL)
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Bruce M. Venter v. Board of Education of Howard County, et al.
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This appeal arises from the termination of employment of appellant, Bruce M. Venter, as the Chief Business Officer (“CBO”) for the Howard County Public Schools System (“HCPSS”) by the Superintendent of HCPSS, John O’Rourke. Specifically, appellant appeals from the Order of the Circuit Court for Howard County, dated January 11, 2007, affirming the Opinion issued by the Maryland State Boar... More... $0 (06-03-2009 - )
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National Rifle Association of America, Inc., et al. v. City of Chicago, Illinois and Village of Oak Park, Illinois
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Two municipalities in Illinois ban the possession of most handguns. After the Supreme Court held in District of Columbia v. Heller, 128 S. Ct. 2783 (2008), that the second amendment entitles people to keep handguns at home for self-protection, several suits were filed against Chicago and Oak Park. All were dismissed on the ground that Heller dealt with a law enacted under the authority of the nati... More... $0 (06-02-2009 - IL)
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Catholic Health Initiatives Colorado v. Pueblo
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Catholic Health Initiatives Colorado ("Catholic Health") challenges the imposition of a sales and use tax, claiming exemption under sections 14-4-76 and 14-4-21(5) of the City of Pueblo municipal code. The applicable portions of the municipal code exempt "charitable organizations" from payment of sales and use tax incurred "in the conduct of their regular religious or charitable functions or activ... More... $0 (06-01-2009 - CO)
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Tammy R. Fields v. W. Pat Justus Carroll, et al.
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This appeal arises out of plaintiff Tammy Fields’s suit under 42 U.S.C. § 1983, which alleges that defendants conspired to prevent her from being hired as the local director of a county department of social services ("DSS") because of her political affiliation and in violation of her First Amendment rights. Defendants have appealed the district court’s denial of their motions for summary judg... More... $0 (05-21-2009 - VA)
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William Wallace FINLATOR; John S. Friedman; Vasudha Gupta;
Bruce Jacobs; Slater E. Newman; John Browner, d/b/a Bell,
Book & Coffee; Robert H. Sheldon, d/b/a Internationalist
Books, Plaintiffs-Appellants,
v.
Helen A. POWERS, Secretary of Revenue, Defendant-Appellee.
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The appellants brought this action against the Secretary of Revenue (the "Secretary") of the State of North Carolina (the "State") to enjoin the enforcement and challenge the constitutionality of N.C.Gen.Stat. Sec. 105-164.13(14) (the "Exemption"), which exempts "Holy Bibles" from the State's retail sales and use tax. The appellants claim that the Exemption violates the establishment clause of th... More... $0 (05-10-2009 - NC)
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Board of County Commissioners of Muskogee County v. Edward L. Lowery
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¶1 The issues in the present cause are as follows: (1) whether the County's exercise of eminent domain in the instant cases is for public use in accordance with Article 2, § 23 and Article 2, § 24 of the Oklahoma Constitution and (2) whether the County's taking for purposes of economic development of Muskogee County constitutes "public purposes" within the meaning of 27 O.S. 2001 § 5 to suppor... More... $0 (05-09-2009 - OK)
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Ronald Scharf, et al. v. Alexander Kogan, et al.
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Alexander Kogan (“Mr. Kogan”), Phillip Kogan, IPD Sales & Marketing, LLC1 (“IPD”), OOO Air Structures American Technologies and Investment (“Air Structures”) (collectively the “Kogan Parties”)2 and Klaudia Kogan (“Mrs. Kogan”) appeal from the judgment of the trial court confirming the arbitration award issued in the dispute between the Scharf Parties3 and the Kogan Parties and ... More... $0 (05-05-2009 - MO)
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Guy Molinari v. Michael R. Bloomberg, et al.
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8 Plaintiffs-Appellants appeal from the judgment of the United States District Court for the
9 Eastern District of New York (Charles P. Sifton, Judge), granting defendants’ motion for
10 summary judgment and dismissing plaintiffs’ Amended Complaint. At issue in this litigation is
11 an amendment to the Charter of the City of New York, entitled Local Law 51, which was passed
12 ... More... $0 (04-28-2009 - NY)
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Gigi Marie Somers v. Superior Court of San Francisco City and County
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Plaintiff Gigi Marie Somers (Somers) appeals from an order denying her petition for change of gender on her California birth certificate under Health and Safety Code section 103425.1 The court denied the petition on the basis that the statute requires a petitioner to file in the county of his or her residence, and plaintiff resides in Kansas. Kansas does not permit a change of gender on a birth ce... More... $0 (04-14-2009 - CA)
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Katherine Varnum, et al. v. Timothy J. Brien, In His Official Capacities as the Polk County Recorder and Polk County Registrar
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In this case, we must decide if our state statute limiting civil marriage to a union between a man and a woman violates the Iowa Constitution, as the district court ruled. On our review, we hold the Iowa marriage statute violates the equal protection clause of the Iowa Constitution. Therefore, we affirm the decision of the district court.
I. Background Facts and Proceedings.
This... More... $0 (04-08-2009 - IA)
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David Wallace Croft v. Governor of the State of Texas
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Section 25.082(d) provides for a mandatory moment of silence to be observed in Texas schools in which a student may “as the student chooses, reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student.” TEX. EDUC. CODE § 25.082(d). The provision, which became effective September 1, 2003, is a subsection of a broader statute ... More... $0 (03-17-2009 - TX)
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Emhart Industries, Inc. v. Century Indemnity Company
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This insurance coverage dispute arises from efforts by the Environmental Protection Agency ("EPA") to remediate contamination at the Centredale Manor Superfund site (the "Site") in North Providence, Rhode Island.
In 2000, the EPA designated Plaintiff-Appellee/Cross Appellant Emhart Industries, Inc. ("Emhart") a Potentially Responsible Party ("PRP") for the cleanup costs of the Site... More... $0 (03-13-2009 - RI)
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