Richland Bookmart, Inc. d/b/a Town and Country v. Randall E. Nichols |
In 1995, Richland Bookmart, Inc. (Bookmart), the operator of an adult-oriented video and book store, brought suit against Randall E. Nichols, the District Attorney for Knox County, Tennessee, challenging Tennessee's Adult-Oriented Establishments Act of 1995 (the Act) on the grounds that it violated both the First Amendment and the Equal Protection Clause of the Fourteenth Amendment of $0 (01-23-2002 - TN) |
City of Los Angeles v. 2000 Jeep Cherokee, etc. and Richard Reinsdorf |
In April 2005, Richard Reinsdorf's Jeep was seized when he was arrested for soliciting prostitution (Pen. Code, § 647, subd. (b)). In May, he was notified that the City of Los Angeles had initiated forfeiture proceedings under section 41.70 of the Los Angeles Municipal Code, which authorizes the seizure and forfeiture of vehicles used to solicit prostitution. Reinsdorf challenged the City $0 (01-09-2008 - CA) |
Plaza Group Properties, LLC, et al. v. Spencer County Plan Commission, et al. |
The parties' dispute requires us to determine the constitutionality of portions of Spencer County's sexually oriented business ordinances. While there is an abundance of caselaw addressing the constitutionality of similar ordinances, discerning the relevant precedent has been compared to "reading the tea leaves." Triplett Grille, Inc. v. City of Akron, 40 F.3d 129, 134 (6th Cir. 1994). $0 (12-17-2007 - IN) |
Eric Joelner, Fish, Inc. d/b/a Xxxtreme Entertainment, et al. v. The Village of Washington Park Illinois |
In this successive appeal, the Village of Washington Park ("the Village") challenges the district court's ruling that an ordinance prospectively banning alcohol in strip clubs opened in the future, but permanently exempting existing clubs from the ban, was unconstitutional. We previously determined that the Village's earlier restriction on the number of such clubs was "most likely" uncon $0 (11-27-2007 - IL) |
Tania LaBerenz and Dr. J. Bradley Gibson v. American Family Mutual Insurance Company |
Plaintiffs, Tania LaBerenz and Dr. J. Bradley Gibson, appeal the order of the district court denying their motion for class certification pursuant to C.R.C.P. 23 in this case against defendant, American Family Mutual Insurance Company. We affirm in part, reverse in part, and remand with directions. I. Facts and Procedural Background LaBerenz was insured under a policy with America $0 (09-10-2007 - CO) |
Vincent Alvarado, et al. v. KOB-TV, et al. |
Two former undercover police officers for the City of Albuquerque brought suit against a local television station, KOB-TV, for broadcasting their identities and their undercover status in the context of their suspected involvement in an alleged incident of sexual assault. The officers were never charged, and about a week after the broadcasts, the city police department announced publicly that i $0 (07-19-2007 - NM) |
Alfonso Morales and David Kolatski v. City of Milwaukee |
The Milwaukee Police Department employed David Kolatski and Alfonso Morales as police officers in its Vice Control Division ("VCD"). Kolatski and Morales were reassigned to street patrol duties after informing an Assistant District Attorney about allegations that Police Chief Arthur Jones and Deputy Chief Monica Ray had harbored the Deputy Chief's brother, who was wanted on felony warran $0 (07-18-2007 - WI) |
Daniel Hernandez v. City of Sacramento, et al. |
Can Sacramento, a charter city, dilute the procedural protections accorded by state laws to those who forfeit the vehicles they allegedly used to facilitate prostitution or various drug transactions? We conclude that because the state laws fully occupy the fields of vehicle forfeiture involving prostitution and drug transactions, areas of statewide concern, they preempt Sacramento's nui $0 (02-16-2007 - CA) |
The City of Chicago v. Pooh Bah |
Section 4–60–140(d) of the Municipal Code of Chicago prohibits establishments licensed to serve alcoholic beverages from permitting any employee, entertainer or patron to engage in "any live act, demonstration, dance or exhibition *** which exposes to public view *** [h]is or her genitals, pubic hair, buttocks *** or [a]ny portion of the female breast at or below the areola thereof." The issue $0 (10-18-2006 - IL) |
Mark Jones v. Ophelia Rallos |
Following a jury trial, defendant Ophelia Rallos, M.D., was found liable for medical malpractice with regard to care rendered to plaintiff Mark Jones connected to an apparently false diagnosis that Jones tested positive for the human immunodeficiency virus (HIV). The jury awarded plaintiff damages in the amount of $350,000 and the circuit court denied defendant's posttrial motion. Defendant no $0 (10-18-2006 - IL) |
Jane Doe v. Dick Dasen, Sr. |
Plaintiff sued Dick Dasen, Jr., claiming that he made her and a friend perform sex acts for money. She claimed that Dasen lured he improvished girl and her best friend, ages 16 and 15, into a Kalispell apartment building, then molested them and performed oral sex on them against their will. They admitted that Dasen eventually paid them several thousand dollars. Dasen claimed that the girls $2200000 (12-13-2005 - MT) |
JOSEF SCHROECK v. ALBERTO R. GONZALES |
Petitioner Josef Schroeck is a native and citizen of Germany facing removal from this country. He petitions for review of a decision of the Board of Immigration Appeals (Board) that affirmed a decision of an immigration judge (IJ) that denied, as a matter of discretion, his applications for a waiver of inadmissibility under 8 U.S.C. § 1182(h)(1)(B), and for adjustment of status based on his m $0 (11-22-2005 - WY) |
Michael Wirzburger, et al. v. Willaim F. Galvin, Secretary of State, et al. |
Plaintiffs-appellants would like to amend the Massachusetts Constitution to allow public financial support to be directed toward private, religiously affiliated schools. Plaintiffs attempted to propose their amendment through the Massachusetts initiative procedure, but two distinct provisions of the Massachusetts Constitution prevented initiatives on this subject. They now challenge these subje $0 (06-29-2005 - MA) |
David Doran v. Dennis C. Eckold |
At 10:00 p.m. on the evening of August 11, 1998, Kansas City police executed a warrant to search the home of David Doran for drugs and other contraband, using a tactic called "dynamic entry." Officer Ty Grant, serving as "ram officer," yelled "Police, search warrant," and immediately hit the front door with his ram, breaking in on the third hit. Officer Mark Sumpter as point man entered t $0 (06-06-2005 - MO) |
Walter Leopoldo Espinoza-Franco v. John Ashcroft, Attorney General of the United States |
Walter Leopoldo Espinoza-Franco was convicted under an Illinois statute of felony sexual abuse of his daughter. The Immigration and Naturalization Service (now Department of Homeland Security) began proceedings against him, arguing that he is removable because he committed "sexual abuse of a minor" - an aggravated felony under the Immigration and Nationality Act. After a hearing, an Immi $0 (01-03-2005 - IL) |
Balboa Island Village Inn, Inc. v. Anne Lemen |
We hold an injunction absolutely enjoining defendant Anne Lemen from making certain statements adjudicated to be defamatory under common law causes of action for libel and slander constitutes a content-based prior restraint on speech in violation of the First Amendment to the United States Constitution and article I, section 2, subdivision (a) of the California Constitution. A content-bas $0 (08-12-2004 - CA) |
Randy Welty v. City of San Bernardino |
Randy Welty, the owner of Manta Management which operates the "Flesh Club" in San Bernardino, claimed that the city violated his rights when it closed his business in 1995 claiming that he was operating a house of prostitution. $1400000 (06-04-2004 - CA) |
The Estate of Earl Samuel Rogers, Jr. |
On April 13, 2000, the respondents-appellants Hilda E. Rogers, Juliet R. Rogers, and Oleta Merseberg [hereinafter, collectively, "the respondents"] filed an interlocutory appeal from the order of the first circuit court, the Honorable Virginia L. Crandall presiding, denying the respondents' motion to dismiss or, in the alternative, for judgment on the pleadings and/or summary judgment [hereinaf $0 (12-29-2003 - HI) |
Araceli Agustina Osornio v. The State of Texas |
The jury convicted Araceli Agustina Osornio of possession of a controlled substance, cocaine. The trial court assessed her punishment at 5 years confinement and a $2,000 fine. The trial court suspended imposition of the confinement portion of the sentence and placed appellant on community supervision for 5 years. We affirm. In her first and second issues on appeal, appellant a $0 (12-12-2003 - TX) |
The People of the State of Colorado v. Terry Scearce |
Defendant, Terry Scearce, appeals the judgment of conviction, habitual offender sentence, and order of restitution, entered following a jury verdict finding him guilty of conspiracy to commit aggravated robbery. We reverse the judgment of conviction, vacate the habitual criminal adjudication and restitution order, and remand the case for a new trial. Defendant was charged in this case w $0 (12-04-2003 - CO) |
Las Vegas Downtown Redevelopment Agency v. Pappas |
This is an appeal from a district court order granting respondents' motion to dismiss in an eminent domain action and a cross-appeal from a district court order dismissing respondents' counterclaims in the same action.[2] Appellants/cross-respondents, the City of Las Vegas Downtown Redevelopment Agency (Agency), Fremont Street Experience Limited Liability Company, and Fremont Street Experience $0 (09-08-2003 - NV) |
Flona M. Heideman, et al. v. South Salt Lake City |
South Salt Lake City is a municipality of some 9,800 people, located immediately south of Utah's capital. The City's main artery, State Street or U.S. Highway 89, was the primary north-south highway in the area prior to construction of Interstate-15. State Street is the locus of a virtually uninterrupted string of gas stations, retail outlets, fast food restaurants, pawn shops, used car dealers $0 (11-05-2003 - UT) |
William J. Quigley, et al. v. Saul F. Rosenthal, Anti-Defamation League |
Plaintiffs William and Dorothy "Dee" Quigley are residents of Evergreen, Colorado, an upscale suburb in the foothills west of Denver. In August 1994, Mitchell and Candice Aronson moved into a house near the Quigleys. The initial interactions between the Quigleys and the Aronsons were positive. For example, the Quigleys hosted a "welcome party" so the Aronsons could become acquainted with the re $0 (04-23-2003 - CO) |
Phillip G. Daugherty v. Tommy G. Thompson, Secretary of Department of Health & Human Services; and Department of Health and Human Services |
In 1982, while serving in the Marine Corps, Daugherty was convicted of the following violations of the Uniform Code of Military Justice: (1) Article 128assault; (2) Article 134(a) unlawful entry into quarters and (b) breaking and entering quarters with intent to commit an assault; and (3) Article 134indecent assault with intent to gratify his lust and/or sexual desires and being drunk and di $0 (03-18-2003 - OK) |
In The Interest of J.D. |
Appellant bore three children out of wedlock. In March 1998, Appellant's parental rights to her daughter C.D. were terminated, due, in part, to violations of subsections D and E of section 161.001(1) of the family code.(2) Appellant also gave another child up for a private adoption because she did not want to raise the child, in addition to J.D., without being married. In 1999, the police we $0 (02-13-2003 - TX) |
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