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 ...

Tagged with: Dangerous Condition of Public Property Intervening Cause Sovereign Immunity

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 ...

Tagged with: Liability Insurance Public Accommodation 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 ...

Tagged with: Dangerous Condition Negligence personal injury 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 ...

Tagged with: Discretionary Function Exception Federal Tort Claims Act Sovereign Immunity Torts

  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 ...

Tagged with: civil rights Sovereign Immunity Tribal Defendant

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 ...

Tagged with: Governmental Act Municipal Liability Negligence 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 – ...

Tagged with: civil rights Dismissal Sovereign Immunity

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 ...

Tagged with: civil rights jurisdiction 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 ...

Tagged with: Administrative civil practice ERISA Indigent Defendants Right To Counsel Sovereign Immunity Standing ‘Cross-Plan Offsetting’

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 ...

Tagged with: Negligence 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.)

Tagged with: civil rights sexual assault Sovereign Immunity University Defendant