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Author: rhenry12598

Constitutional Challenge, Official/Qualified Immunity, Search and Seizure

Deputy not liable for false arrest, but potentially liable for excessive force says 5th Circuit.

May 24, 2013rhenry12598Leave a comment

Ramirez v. Jim Wells County, No. 11-41109 (5th Cir. May 15, 2013) This is an interlocutory appeal from the denial of qualified and official immunity for false arrest and excessive force claims brought against a Jim Wells County deputy under 42 U.S.C.
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Constitutional Challenge, Sovereign Immunity, Uncategorized

Houston and pensioneers without jurisdiction to challenge pension board’s decisions.

May 24, 2013rhenry12598Leave a comment

City of Houston v. Houston Municipal Employees Pension System, NO. 01-12-00511-CV (Tex. App. – Houston [1st Dist.], May 23, 2013). The City of Houston and five individuals sued Houston Municipal Employees Pension System (“HMEPS”) and five members of its board of trustees
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TOMA

County potentially liable for Texas Open Meetings Act violations

May 24, 2013rhenry12598Leave a comment

Riley v. Commissioners Court of Blanco County, NO. 03-11-00276-CV, (Tex. App. – Austin May 23, 2013) This is a Texas Open Meetings Act (“TOMA”) violation case. The Blanco County Commissioners’ Court held three closed meetings which were tape recorded, after which the
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Sign Regulation, Uncategorized

City not liable for forcing removal of billboard on City property says 12th Court of Appeals.

May 24, 2013rhenry12598Leave a comment

  Lamar Advantage Outdoor Company, L.P. v. The City of Tyler, NO. 12-12-00257-CV (Tex. App. – Tyler, May 22, 2013). This is a billboard case where Lamar sought compensation for the required removal of a billboard pursuant to Tex. Loc. Gov’t Code
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Constitutional Challenge, Litigation, Search and Seizure

City, police chief, and officer entitled to immunity from suspect’s false arrest claims.

May 24, 2013rhenry12598Leave a comment

John Flowers v. City of Diboll, et al, NO. 12-12-00107-CV (Tex. App – Tyler, March 22, 2013). This case involves governmental and qualified immunity of the City and a police officer arising out of an arrest of Flowers. Flowers did not get
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Declaratory Judgments, Land Use

Developers have standing to challenge City’s Fair Notice Ordinance under Chapter 245

May 23, 2013rhenry12598Leave a comment

San Antonio v Greater San Antonio Builders Ass., No. 04-12-00745-CV (Tex. App. – San Antonio, May 22, 2013) This is a declaratory judgment case challenging the City of San Antonio’s ordinance which requires a particular application be submitted before the City will
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Employment Law, Whistleblower

PD Commander’s Whistleblower Act claim revitalized by 14th Court of Appeals.

May 22, 2013rhenry12598Leave a comment

  Gray v City of Galveston, NO. 14-12-00183-CV, (Tex. App. Houston [14th Dist.] May 21, 2013). This is a Texas Whistleblower Act case, where a police lieutenant in Galveston alleges he was retaliated against for reporting the Chief of Police to the
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Public Works, Sovereign Immunity, TTCA

City immune from trespass after all says 13th Court of Appeals on rehearing

May 17, 2013rhenry12598Leave a comment

Redburn v City of Victoria, 13-12-00215-CV, (Tex. Civ. App. – Corpus Christi, May 16, 2013, on rehearing). Back in February I reported this case which essentially held that the City and its employees could be held responsible for trespass claims. To read
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Declaratory Judgments, Litigation, Public Works, Sovereign Immunity

Court rejects AT&T’s attempt to circumvent sovereign immunity in line relocation case

May 11, 2013rhenry12598Leave a comment

Southwestern  Bell Telephone, D/B/A AT&T Texas v City of Houston et al, NO. 14-11-01115-CV, (Tex. Civ. App. Houston [14th  Dist.] May 9, 2013). This is a dispute on who must bear the cost of relocating AT&T’s telecommunication lines in the public right-of-way over
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Litigation

Failure to exhaust administrative remedies requires an evidentiary showing of policy and process says the 5th District COA.

May 4, 2013rhenry12598Leave a comment

Holmes v Southern Methodist University, No. 05-11-01178-CV (Tex. App. Dallas May 1, 2013). The moral to this story is if you are making an argument a plaintiff failed to exhaust administrative remedies, you had better make sure to attach evidence and statutory/policy
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Recent Posts

  • Texas Supreme Court holds Texas Constitutional Religious Services Clause is absolute when applied, but only applies to services and not the free exercise of religion
  • Texas Supreme Court holds officer was not reckless when responding to emergency call
  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims
  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated

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  • Texas Supreme Court holds Texas Constitutional Religious Services Clause is absolute when applied, but only applies to services and not the free exercise of religion
  • Texas Supreme Court holds officer was not reckless when responding to emergency call

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