Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

Police officer’s need to reach site of 911 call justified actions of entering intersection in course and manner – immunity therefore preserved

  Jason Roche v. City of Austin, 03-17-00727-CV (Tex. App. – Austin, August 21, 2018). This is a vehicle accident/Texas Tort Claims Act (“TTCA”) case were the Austin Court of Appeals affirmed the granting of a dismissal order. Police Officer Nguyen was
Read More

Sovereign Immunity, TTCA

First District Court of Appeals holds evidence that the City could have done more to warn the licensee does not show actual knowledge of a dangerous condition under Texas Tort Claims Act

  The City of Stafford, Texas v. Joe Svadlenak 14-18-00089-CV,  2018 WL 3734021 (Tex. App – Houston [1st Dist.], August 7, 2018) This is a Texas Tort Claims Act (“TTCA”)/premise defect case where the First District Court of Appeals reversed the denial
Read More

Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

In defamation suit 1st District Court of Appeals holds employees responding to city council questions in open meeting were acting within course and scope of employment for § 101.106(f) purposes

Elias v Griffith, et al, 01-17-00333-CV, 2018 WL 3233587 (Tex. App. – Houston [1st  Dist.], July 3, 2018.) This is a defamation case brought against individual city officials for acts performed within their course and scope of employment.  The First District Court
Read More

Attorney Fees, Contracts, Litigation

Plaintiff ordered to pay attorney fees after non-suiting claims against individual governmental officials under Texas Citizens’ Participation Act

Shillinglaw v. Baylor Univ., 05-17-00498-CV, 2018 WL 3062451, at *1 (Tex. App.—Dallas June 21, 2018, no pet. h.) (mem. op). This is a Texas Citizens’ Participation Act ( “TCPA) case where the individual governmental officials were awarded fees and costs after the
Read More

Agency, Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Litigation, Procedure

City ordinance allowed to make additional criteria for dangerous animal determination says Amarillo Court of Appeals

Shannon Nicole Washer, et al. v. City of Borger, 07-16-00413-CV (Tex. App. – Amarillo, July 31, 2018). In this case the Amarillo Court of Appeals affirmed the dismissal of the Plaintiffs’ claims challenging the constitutionality of an animal control ordinance and a
Read More

Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Declaratory Judgments, Discrimination, Employment Law, Injunction, Retaliation, Sovereign Immunity, Whistleblower

Sheriff’s deputy unable to sue for TCHRA, Whistleblower Act, and collective bargaining claims says Beaumont Court of Appeals

Jefferson County, Texas v. Cherisse Jackson, 09-17-00197-CV (Tex. App. – Beaumont, July 26, 2018). This is an interlocutory appeal from the denial of a plea to the jurisdiction in an employment suit where the Beaumont Court of Appeals reversed and dismissed the
Read More