Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. Supreme Court holds “clearly establish” prong of qualified immunity defense must not be defined with a high degree of generality

City of Escondido v Emmons, 17-1660 (U.S. January 7, 2019) City of Escondido police received a domestic violence 911 call from Maggie Emmons. Officer Jake Houchin responded to the scene and reported Emmons had sustained injuries caused by her husband. The officers
Read More

Constitutional Challenge, Official/Qualified Immunity, Search and Seizure, Sec. 1983

U.S. Supreme Court holds 1st Amendment retaliatory arrest claim barred because probable cause exists and plaintiff has no objective evidence of retaliatory motive

Nieves, et al., v Bartlett, 17–1174 (May 28, 2019) In this First Amendment/retaliatory arrest/§1983 case the U.S. Supreme Court held the presence of probable cause eliminates the First Amendment claims as a matter of law. [Comment: warning this is a 48-page set
Read More

Declaratory Judgments, Injunction, Litigation, Sovereign Immunity, TTCA, Ultra Vires

Eastland Court of Appeals holds erroneously calling the police is a discretionary act exempting employees from ultra vires claims

The University of Texas of the Permian Basin et al. v. Michael Banzhoff, 11-17-00325-CV (Tex. App. – Eastland, May 31, 2019). This is an ultra vires and abuse of process case where there Eastland Court of Appeals held the University of Texas
Read More

Agency, Contracts, Litigation, Sovereign Immunity

Texas Supreme Court holds “good faith” efforts clause to seek future Board approval in contract is unenforceable. Also, damages would be consequential so Board retains immunity

Dallas/Fort Worth International Airport Board v Vizant Technologies, 18-0059, (Tex. May 17, 2019). This is a governmental immunity defense in a breach of contract case where the Texas Supreme Court held Chapter 271 of the Texas Local Government Code did not waive
Read More