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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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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, […]
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 […]
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 […]
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 […]
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.)
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
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