Jeff Allen

Doe v. Silsbee Indep. School Dist.

5th Circuit again upholds -- in part -- award granting attorney's fees to Defendants in §1983 case

5th Circuit again upholds -- in part -- award granting attorney's fees to Defendants in §1983 case. Only reversal was for those fees which were related to Plaintiff's claim which was deemed not "so lacking in arguable…more
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City of Jackson v. Doe

Supreme Court finds operation of park to be discretionary where two girls sued the City of Jackson after they were molested in a public park operated by the city

Two girls sued the City of Jackson after they were molested in a public park operated by the City. The City moved for summary judgment, arguing that it was immune from suit. The trial court denied the motion. The Supreme…more
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City of Jackson v. Gray, et al

MS S.Ct.: no reckless disregard found for officers involved in wrongful death pursuit case

The Mississippi Supreme Court, under a "totality of the circumstances" review, finds that a police department involved in a pursuit -- wherein the person being chased ultimately struck a third party vehicle, injuring two and…more
| Personal Injury
Doe v. Covington County School District

5th Cir.: Elementary schoolchildren -- under particular circumstances -- have constitutionally protected liberty interest in remaining safe at school

Fifth Circuit Court of Appeals recognizes that elementary schoolchildren -- under particular circumstances -- have a constitutionally protected liberty interest in remaining safe at school. The subject case involves a student…more
| Civil Rights, Education
Chambers v. Brown

MS Court of Appeals Upholds Dismissal of Plaintiff's Case for Discovery Violations - Failure to Disclose Prior Similar Injuries

Lisa Chambers and Tasha Nobles sued Robert Brown for injuries caused when his vehicle collided into theirs. Brown stipulated to liability. The sole triable issue was the extent of the plaintiffs’ damages. Although both…more
| Civil Procedure, Personal Injury
Johnson, et al v. City of Quitman, MS

Reckless Disregard not Found Where Officers Fail to Arrest Man Who Assaults Ex-wife 3 Days Later

The Mississippi Court of Appeals upheld dismissal of a suit against the City of Quitman whereby officers allegedly failed to arrest the eventual victim's ex-husband, when three days later he returned and stabbed his ex-wife and…more
| Civil Rights, Personal Injury
Fox v. Vice

U.S. Supreme Court: Courts may grant reasonable attorney's fees to the defendant in §1983 cases, but only for costs that the defendant would not have incurred but for the frivolous claims

Holding: When there are both frivolous and non-frivolous claims in a plaintiff’s civil rights suit, a court may grant reasonable attorney’s fees to the defendant, but only for costs that the defendant would not have…more
| Civil Procedure, Civil Rights
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