The Law Offices of Ryan Henry

Litigation, Sovereign Immunity, Ultra Vires

Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated

City of Killeen v Aamir Terry, et al., 22-0186 (Tex. April 25, 2025) In this Texas Tort Claims Act (TTCA) case, the Texas Supreme Court held the emergency responder exception does not immediately apply the recklessness standard. Plaintiff Terry sued the City
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Litigation, Sovereign Immunity, TTCA

First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle

City of Houston v. Mary Johnson, 01-23-00938-CV, (Tex. App. Houston [1st Dist.], April 8, 2025) This is a Texas Tort Claims Act (TTCA) claim where the First District Court of Appeals affirmed the denial of the City’s plea to the jurisdiction. The
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Civil Service/Collective Bargaining, TOMA, Ultra Vires

First Court of Appeals says Sheriff properly alleged civil service commission violated TOMA

Harris County Sheriff Ed Gonzales v. Harris County Sheriff’s Civil Service Commission, et al., 01-23-00411-CV (Tex. App. – Houston [1st Dist], April 8, 2025) In this civil service appeal, the First District Court of Appeals held the Sheriff’s department’s claims under the
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Eminent Domain

Texas Supreme Court holds condemnation objections at trial court must include the date filed with trial court clerk

REME, L.L.C., A TEXAS LIMITED LIABILITY COMPANY v. THE STATE OF TEXAS, 23-0707 (Tex. February 21, 2025) This is a condemnation case where the Texas Supreme Court held that in such proceedings, an appeal from the commissioner’s court to district court includes
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Litigation, Sovereign Immunity, TTCA

14th Court of Appeals holds Plaintiff in vehicle accident failed to estbalish City recieved a proper notice of claim or actual knowledge of the claim within deadline so case was dismissed

Brian F. Wilson v. City of Houston, 14-22-00666-CV (Tex.App. — Hous [14th Dist.], Oct. 10, 2023) This is a Texas Tort Claims Act/Emergency Responder case where the Fourteenth Court of Appeals affirmed the granting of the City’s dispositive motions. Wilson
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Declaratory Judgments, Employment Law, Injunction, Litigation, Sovereign Immunity, Ultra Vires

Waco Court of Appeals holds fact question exists on who could terminate a police officer

Gregory Maliere v City of Buffalo, Texas, et al, No. 10-22-00391-CV (Tex. App. — Waco, September 28, 2023) This is essentially an employment dispute where the City terminated a police officer. The officer sued for ultra-vires actions asserting only the chief of
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Civil Service/Collective Bargaining, Contracts, Employment Law, Litigation

Beaumont Court of Appeals holds civil service employee’s suit deadline was not extended by Supreme Court’s emergency orders

Michael Scott Nix v. City of Beaumont, Texas, 09-22-00042-CV (Tex. App. – Beaumont, July 27, 2023) In this civil service lawsuit, the Beaumont court of appeals affirmed the granting of the City’s plea to the jurisdiction. Plaintiff Nix, a City of Beaumont
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Employment Law, Procedure, Sovereign Immunity, Whistleblower

Fifth Circuit Court of Appeals holds trial court granting of plea to the jurisiction did not address amended pleadings

Trisa Crutcher (Trisa St. Clair) v City of Forth Worth, No. 05-22-00650-CV (Tex. App-Dallas, May 15,2023) In this case the Dallas Court of Appeals reversed the granting of the city’s plea to the jurisdiction under the Plaintiff’s Whistleblower cause of action. Trisa
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Litigation, Mandamus, Procedure

First District Court of Appeals holds defendant entitled to mandamus relief when trial court denied motion to designate a responsible third party

In re Hidden Development Partners, LP, 01-22-00152-CV (Tex. App. — Houston [1st Dist.] June 8, 2023) While not primarily a government entity case, this holding can be used by entities involved in litigation. This is an original mandamus proceeding where the First
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Sovereign Immunity, TTCA

Texas Supreme Court holds city is immune from premise defect and failure to ensure permit holder complied with maintenance obligations

CITY OF AUSTIN, TEXAS v. IRENE QUINLAN, 22-0202 (Tex. June 2, 2023) This is a Texas Tort Claims Act (TTCA) case where the Texas Supreme Court held the City held immunity for a premise defect because the leaseholder to the property was
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Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated

First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle

First Court of Appeals says Sheriff properly alleged civil service commission violated TOMA

Texas Supreme Court holds condemnation objections at trial court must include the date filed with trial court clerk

14th Court of Appeals holds Plaintiff in vehicle accident failed to estbalish City recieved a proper notice of claim or actual knowledge of the claim within deadline so case was dismissed

Waco Court of Appeals holds fact question exists on who could terminate a police officer

Beaumont Court of Appeals holds civil service employee’s suit deadline was not extended by Supreme Court’s emergency orders

Fifth Circuit Court of Appeals holds trial court granting of plea to the jurisiction did not address amended pleadings

First District Court of Appeals holds defendant entitled to mandamus relief when trial court denied motion to designate a responsible third party

Texas Supreme Court holds city is immune from premise defect and failure to ensure permit holder complied with maintenance obligations

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