Employment Law

Proof of allowing the provision of alcohol to a minor in an officer’s presence is sufficient for a general discharge on an F-5 termination report

McCall v. Hays County Constable Precinct Three, No. 03-18-00355-CV (Tex. App.–Austin May 21, 2020) (mem.op.). [Special guest summary author Laura Mueller, City Attorney for Dripping Springs, Texas] The case involves an appeal from an Administrative Law Judge (ALJ) ’s order sustaining an
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Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

Possible suspension of officer’s license does not toll the statute of limitations for Sec. 1983 claims against an officer

Haule  v.  Travis County and Spinner, No.  03-19-00250-CV (Tex.App.–Austin May 28, 2020) (mem. op.). [Special guest summary author Laura Mueller, City Attorney for Dripping Springs, Texas] This case involves claims under §1983 and state law claims based on Haule’s attempt to report
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Constitutional Challenge, Sec. 1983

U.S. 5th Circuit holds statute of limitations was not jurisdictional, but trial judge should have reviewed matters raised at pretrial hearing under MSJ standards and dismissed the claims

Bradley v. Sheriff’s Department St. Landry Parish, 18-30600, (US 5th Cir – May 7, 2020) This is a §1983/malicious prosecution case where the U.S. 5th Circuit dismissed a defendant’s claims against the law enforcement and related officials who prosecuted him. Bradley was
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Declaratory Judgments, Injunction, Official/Qualified Immunity, Religious Freedom, Sec. 1983, Sovereign Immunity

U.S. 5th Circuit adopts 1st Amendment unbridled discretion/prior-restraint standards in federal suit against Texas Governor

Freedom from Religion Foundation, Inc. v. Greg Abbott Governor of the State of Texas, 18-50610, (5th Cir – April 3, 2020) This is a First Amendment case regarding immunity and viewpoint discrimination where the U.S. 5th Circuit adopted a specific prior restraint
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