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Sovereign Immunity

May 6, 2020

Civil Rights: Inmate Action-Sovereign Immunity

Where an Arkansas inmate challenged an adverse grant of summary judgment in a civil rights action, the inmate’s official capacity claims were barred by sovereign immunity, and he failed to state a claim against an individual defendant, so the judgment is affirmed. Judgment is affirmed. Green v. Burl (MLW No. 74830/Case No. 19-1928 – 3 […]

Dec 30, 2019

Negligence: Dangerous Condition of Public Property-Intervening Cause-Sovereign Immunity

Where appellants brought wrongful-death and personal-injury claims against a city after a car accident, arguing that the city waived its sovereign immunity based on the unmarked edge of the roadway with a 9-inch drop, which they alleged was a dangerous condition of public property, summary judgment in favor of the city is reversed and remanded […]

May 28, 2019

Civil Rights: Public Accommodation-Sovereign Immunity-Liability Insurance

Where a plaintiff, who claimed that she was sexually harassed and assaulted as a kindergartner by other students, sued the school district and three employees, and the school district sought summary judgment on the basis that sovereign immunity barred the claims, the preliminary writ of prohibition is quashed for the claim of discrimination in public […]

May 23, 2019

Negligence: Personal Injury-Dangerous Condition-Sovereign Immunity

Where a plaintiff, who was injured when he fell from a bridge, appealed a directed verdict in favor of the city defendant, arguing that he made a submissible case for waiver of the city’s sovereign immunity, the judgment is reversed and remanded because the plaintiff presented substantial evidence of a dangerous condition, and he sufficiently […]

Apr 1, 2019

Torts: Federal Tort Claims Act-Discretionary Function Exception-Sovereign Immunity

Where a man, who was severely injured while working in a gravel mine, sued the United States under the Federal Tort Claims Act alleging that his injuries were caused in part by a federal mine inspector’s inadequate inspection, the discretionary-function exception precluded suit against the government for the alleged breach of the inspector’s duties except […]

Mar 4, 2019

Civil Rights: Tribal Defendant-Sovereign Immunity

  Where a plaintiff sued a Sioux tribe claiming his constitutional rights were violated when he was arrested and detained while traveling on a federal highway on a reservation, the district court properly dismissed the claims against the tribe and against individual tribal officers acting in their official capacity because the claims were barred by […]

Feb 18, 2019

Negligence: Municipal Liability-Sovereign Immunity-Governmental Act

Where a man injured in a fall from a retaining wall sued the city and individual defendants claiming that the city failed to enforce its building code leading to a dangerous condition, the city was entitled to sovereign immunity because the inspection and enforcement of building codes is a governmental function. Preliminary writ made permanent. […]

Feb 18, 2019

Civil Rights: Dismissal-Sovereign Immunity

  Where appellant challenged the dismissal of his civil-rights action, the judgment is affirmed because the district court properly found that the claims were barred by sovereign immunity. Judgment is affirmed. Mendez v. Dole (MLW No. 72730/Case No. 18-2290 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, […]

Jan 21, 2019

Civil Rights: Sovereign Immunity-Jurisdiction

Where a city, which was the defendant in a class action alleging constitutional violations arising from the city’s detention of plaintiffs for their inability to pay traffic fines, sought interlocutory review of the denial of its motion to dismiss six counts based on sovereign immunity, the appeal was dismissed for lack of jurisdiction because the […]

Jan 21, 2019

Civil Practice: Right to Counsel-Indigent Defendants-Sovereign Immunity

Where plaintiffs brought a class action against the state and governor of Missouri and officials of the state’s public-defender system arguing that the state was failing to meet its obligations to provide indigent criminal defendants with meaningful representation, the state did not waive sovereign immunity by removing the action from state to federal court, and […]

Nov 28, 2018

Negligence: Sovereign Immunity-Discretionary Function

The district court dismissed plaintiff’s suit, alleging claims for negligent supervision and failure to warn of a priest’s sexual propensities at a U.S. Army medical center, on the basis of sovereign immunity. Where the decision to retain the priest was a discretionary decision that was susceptible to a policy analysis, the discretionary-function exception applied, requiring […]

May 18, 2018

Civil Rights : Sexual Assault – University Defendant –  Sovereign Immunity

Fryberger v. University of Arkansas (MLW No. 71642/Case No. 16-4505 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)

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