Declaratory Judgments, Injunction, Litigation, Procedure, Ultra Vires

trial court properly awarded attorney’s fees to school district as plaintiffs should have reasonably known the individual officials were absolutely immune

Farr et. al. v Arlington ISD, 02-17-00196-CV (Tex. App. – Fort Worth, July 19, 2018) In this asserted ultra vires case, the Fort Worth Court of Appeals affirmed the granting of the school district defendants’ plea to the jurisdiction. The Plaintiffs comprise
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Constitutional Challenge, Discrimination, Employment Law, Official/Qualified Immunity

Employee failed to establish valid comparators in equal protection/employment discrimination case, so individuals entitled to qualified immunity says 5th Circuit

Mitchell v. Mills No. 17-40737 (5th Cir. July 13, 2018) This is an equal protection in employment case where the 5th Circuit held the individual defendant mayors were entitled to qualified immunity. Mills and Chartier were both mayors at different times during
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Constitutional Challenge, Declaratory Judgments, Land Use, Litigation, Mandamus, Procedure, Sovereign Immunity, Takings, Vested Rigths

City’s denial of plat application citing inconsistencies with “general plan” of city, without more, is insufficient and therefore vested rights are implicated

  The Village of Tiki Island, et al.  v. Premier Tierra Holdings Inc., 14-18-00014-CV (Tex. App. – Houston [14th Dist.], July 10, 2018) This is an interlocutory appeal in a land-use case were the 14th Court of Appeals affirmed the denial of
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Employment Law, Litigation, Procedure, Sovereign Immunity, Whistleblower

A police officer’s subjective preference for assignment is insufficient to prove a materially adverse personnel action says Dallas Court of Appeals

  City of Dallas v. Christopher Worden, 05-17-00490-CV )Tex. App. – Dallas, July 3, 2018). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a Texas Whistleblower Act case where the Dallas Court of Appeals reversed
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Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Litigation, Procedure, Separation of Powers, Sovereign Immunity

Texas Supreme Court holds county official removal statute is subject to Texas Citizens Participation Act and sovereign immunity is waived for attorney’s fees of losing party

State of Texas ex Rel. George Darrell Best v Paul Reed Harper, 16-0647, — S.W.3d – (Tex. July 29, 2018). This is a Texas Citizens Participation Act (“TPCA”) case where the Texas Supreme Court held a suit to remove a county official
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