Cases

OPINION ON STATE’S MOTION FOR REHEARING MEYERS, J., delivered the opinion of the Court in which KELLER, P.J., and WOMACK, JOHNSON, KEASLER, HERVEY, and HOLCOMB, JJ., joined. The defendants in eight separate cases were charged with driving while intoxicated. In each case, the defendant filed a pretrial motion to cross-examine the State’s expert on the breath-testing má-

LYNCH, Circuit Judge. In November 2004, Danielle Harlow of Turner, Maine, sued Children’s Hospital of Boston, Massachusetts, in the Maine Superior Court for medical malpractice during a procedure performed at the Hospital on May 10, 1993. Danielle was six years old at the time of the procedure. The issues addressed here would never have arisen had she filed suit in Massachusetts

Opinion of the Court by Justice SCOTT. I. FACTUAL AND PROCEDURAL BACKGROUND The Appellees in this case brought five separate counts against the Appellant teachers and administrators of a Kentucky high school. Among these were a claim under 42 U.S.C.A § 1983 for violation of their right to be free from unreasonable searches under the Fourth Amendment of the United States Constitution, a cl

Fabricant, Judith, J. INTRODUCTION This action presents the plaintiffs claim that the Sex Offender Registry Board (SORB) and Jeanne Holmes, its executive director, unlawfully disclosed his status as a level one sex offender, thereby causing his loss of a job opportunity. Before the Court is the defendants’ motion for summaiy judgment. For the reasons that will be explained, the motion will be allowed.

63 Wis.2d 389 (1974) 217 N.W.2d 657 HOLMES, Plaintiff in error, v. STATE, Defendant in error. No. State 187. Supreme Court of Wisconsin. Argued April 1, 1974. Decided May 7, 1974. *391 For the plaintiff in error there was a brief by Shellow & Shellow and James M. Shellow,

59 F.Supp.2d 1164 (1999) Jeanie RESLEY, Plaintiff, v. Tim HOLMES, Russell County Sheriff, Jim Wilson, and Scott Hagemeister, Defendants. No. 98-1252-JTM. United States District Court, D. Kansas. July 16, 1999. *1165 Jim Lawing, Wichita, KS, for Plaintiff. Michael T. Jilka, Wendell F. Cowan, Jr., Shook, Hardy & Bacon L.

377 F.Supp.2d 1039 (2004) Scott JOHNSON, as personal representative of the estate of Graciela CANO a/k/a Grace Lee Bogey, deceased, and Lorena Torrez, Plaintiffs, v. Anne HOLMES, Bonnie Vehstedt, Karen Zarate, Lydia R. Saenz, Sonia Perez, Virginia Villareal, Vivian Encinias, Ginger Bowman, Denise H. Narvaez, Jane Doe, and John Doe in their individual capacities, the New Mexico Children, Youth and Families Department, Terry Bogey, a/k/a Teri Bogey

921 F.Supp. 204 (1996) Mario RAMIREZ, Plaintiff, v. Officer W. HOLMES, Defendant. No. 94 Civ. 7354 (JGK). United States District Court, S.D. New York. March 31, 1996. *205 *206 Mario Ramirez, Fishkill, New York, pro se. Dennis C. Vacco, Attorney General, State of New York by David Monac

HARLINGTON WOOD, Jr., Circuit Judge. In 1988, the unthinkable happened in Indiana, generating an unheralded degree of uncertainty in the career plans of many civil servants. Indiana had elected Evan Bayh as Governor, the first Democrat to win the post since 1964. See Mary Dieter, Mutz, GOP Can’t Claim they Weren’t Forewarned, The Courier-Journal, Nov. 13, 1988, at 1A. With Bayh’s election, as happens after al

16 F.3d 219 E. Dewey ANDERSON, Clisten Dale Corbett, Barbara Ferris, etal., Plaintiffs-Appellees,v.Gilbert L. HOLMES, in His Individual and Official Capacitiesas Commissioner of the Bureau of Motor Vehicles for theState of Indiana and William Stinson, in His Individual andOfficial Capacities as Deputy Commissioner of the Bureau ofMotor Vehicles of the State of Indiana, Defendants-Appellants. No.

377 F.Supp.2d 1084 (2004) Scott JOHNSON, as personal representative of the estate of Graciela Cano a/k/a Grace Lee Bogey, deceased, and Lorena Torrez, Plaintiffs, v. Anne HOLMES, Bonnie Vehstedt, Karen Zarate, Lydia R. Saenz, Sonia Perez, Virginia Villareal, Vivian Encinias, Ginger Bowman, Denise H. Narvaez, Jane Doe, and John Doe in their individual capacities, the New Mexico Children Youth and Families Department, Terry Bogey, a/k/a Teri Bogey,

377 F.Supp.2d 1069 (2004) Scott JOHNSON, as personal representative of the estate of Graciela Cano a/k/a Grace Lee Bogey, deceased, and Lorena Torrez, Plaintiffs, v. Anne HOLMES, Bonnie Vehstedt, Karen Zarate, Lydia R. Saenz, Sonia Perez, Virginia Villareal, Vivian Encinias, Ginger Bowman, Denise H. Narvaez, Jane Doe, and John Doe in their individual capacities, the New Mexico Children Youth and Families Department, Terry Bogey, a/k/a Teri Bogey,

FLOYD R. GIBSON, Senior Circuit Judge. Madeline Holmes and Charles Rosenkoet-ter appeal the district court’s denial of their joint motion for summary judgment in the 42 U.S.C. § 1983 suit filed against them by Michael White. We reverse and remand with instructions for the court to enter summary judgment in favor of the defendants. I. BACKGROUND

JOHN R. BROWN, Senior Circuit Judge. Richard Emery filed this action under 42 U.S.C. § 1983 against several police officers for damages resulting from their seizure of his Peugeot automobile during a search of his neighbor’s property. The police officers who executed an arrest warrant for Emery’s neighbor and obtained a search warrant for the neighbor’s property recognized Emery

GARWOOD, Circuit Judge: The issue in this case is whether the district court erred in dismissing as frivolous pursuant to 28 U.S.C. § 1915(d) an in forma pauperis action by a state prisoner seeking damages from and injunctive relief against a county prosecutor and a state court judge under 42 U.S.C. § 1983. We hold that the judge and prosecutor are absolutely immune from liability for damages and that the allegatio

The two cases, argued at the same time as Cause No. 8271,State of Montana ex rel. Pearl Assurance Company v. John J.Holmes, arise on similar facts and for the purpose of argument were combined. In each of the cases the relator sought a writ of prohibition as in Cause 8271. As in that case, the motion to quash the writ in each of these cases was granted by the district court and from those orders these appeals are taken. The relators argue that prohibition wil

This appeal is from the judgment of the district court of Lewis and Clark county sustaining respondent's demurrer to an amended petition for a writ of prohibition and granting his motion to quash an alternative writ of prohibition theretofore issued. On June 24, 1941, respondent John J. Holmes, the commissioner of insurance of the state of Montana, issued an order directing the relator to show cause, on a date specified, why its Montana license should not be cancelled. The order allege

Decided May 20, 1942. The petition for writ of certiorari is denied.

REAVLEY, Circuit Judge: Morris Holmes, the Superintendent of the Orleans Parish School District (OPSD), and five members of OPSD’s board, sued by Carlos Samuel after his discharge from school system employment, take this interlocutory appeal from the partial denial of their motion for summary judgment, contending that they are entitled to qualified immunity in their personal capac

BARKETT, Circuit Judge: Melinda Holmes appeals an adverse summary judgment granted on the basis of qualified immunity to defendants Cobb County Police Officers Steven C. Kucynda, Marty D. Rolfe, James C. Bullock, and Jason W. Poole (“the Officers”). Holmes filed suit pursuant to 42 U.S.C. § 1983 claiming that the defendants violated her constitutional rights under the Fourth A