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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Litigation, Procedure, Sovereign Immunity

13th Court of Appeals holds it does not have interlocutory jurisdiction to hear 2nd motion which is nothing more than reconsideration of first plea to the jurisdiction

City of Elsa, Texas v. Jesse Diaz, 13-19-00109-CV, (Tex. App – Corpus Christi – Edinburg, April 2, 2020) This is an interlocutory appeal (2nd for the case) in a contractual immunity case where the 13th Court of Appeals held the City’s summary
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Constitutional Challenge, Eminent Domain, Litigation, Sovereign Immunity, Takings

Eastland Court of Appeals holds conclusory statements in pleadings insufficient to plead jurisdiction – facts are needed to establish City had intent to commit a taking

  City of Albany v. Diana Christine Blue and Elva Rae Sanders, 11-18-00051-CV, (Tex. App – Eastland, April 2, 2020) This is an interlocutory appeal in a nuisance and inverse condemnation case where the Eastland court of appeals reversed the denial of
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