Constitutional Challenge, Litigation, Sec. 1983

U.S. 5th Circuit holds disabled individual did not request accommodation from officers performing field sobriety test so cannot sue for disability discrimination

Windham v. Harris County 16-20686 (5th Cir. November 13, 2017) This is a §1983 suit where the U.S. 5th Circuit Court of Appeals affirmed the granting of the County and Deputy Sheriff’s summary judgment motion. Windham was arrested on suspicion of driving
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Annexation, Injunction, Mandamus, Separation of Powers

In annexation opposition, Dallas Court of Appeals opinion could result in trial courts using TOMA injunction provision to prevent legislative acts not yet up for vote

In Re: City of Mesquite, Texas 05-17-01303-CV (Tex.App— Dallas, November 14, 2017) In this original mandamus proceeding, the Dallas  Court of Appeals held the trial court did not abuse its discretion in granting certain injunctive relief prohibiting annexation in an extraterritorial  jurisdiction.
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Litigation, Procedure, Sovereign Immunity, TTCA

Since officer’s affidavit did not detail his evaluation as he approached intersection, 4th Court of Appeals holds city did not establish emergency response application to tort suit

City of San Antonio v. Patrick Torres and Johnnie Dears 04-17-00309-CV (Tex.app —— San Antonio, Texas November 15, 2017) This is a Texas Tort Claims Act (“TTCA”) case involving a vehicle accident where the San Antonio Court of Appeals affirmed the denying
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Litigation, Public Works, Sovereign Immunity, TTCA

City immune from suit for traffic light displaying “walk” signal at same time as green “turn arrow” says 13th Court of Appeals

City of Edinburg v. Melinda Balli  13-17-00183-CV (Tex.App–, Corpus Christi, November 9, 2017) This is a Texas Tort Claims Act case where the Corpus Christi Court of Appeals reversed the denial of the City’s plea to the jurisdiction and dismissed the Plaintiff’s
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Declaratory Judgments, Employment Law, Sovereign Immunity, TOMA, Whistleblower

TOMA posting inside City Hall with a “cancelled” stamp on an agenda controlled, regardless of other agendas says 13th Court of Appeals

City of Donna, Texas, David Simmons, Jose Garza, Simon Sauceda, Irene Munoz and Sonia Gallegos v. Oscar Ramirez 13-16-00619-CV (Tex.App— Corpus Christi, November 9, 2017) This is a Texas Whistleblower Act case where the Corpus Christi Court of Appeals affirmed the denial
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Litigation, Procedure, Sovereign Immunity, TTCA

Court considered statements made by bus driver within onboard system as creating a fact issue on “actual notice” of fault in death of student

La Joya Independent School District v. Tanya Gonzalez, Individually and A/N/F of Josue Rogelio Uranga, Deceased Minor 13-16-00426-CV (Tex.App—- Corpus Christi & Edinburg, Texas November 2, 2017) This is an appeal in a Texas Tort Claims Act student/bus case where the 13th Court
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Discrimination, Employment Law, Litigation, Procedure, Retaliation, Sovereign Immunity

Notice of non-renewal letter triggered date for EEOC complaint filing, not the date internal grievance was completed says San Antonio Court of Appeals

Alamo Community College District d/b/a Alamo Colleges v. Douglas Ryan 04-17-00196-CV (Tex.App– San Antonio, Texas November 1, 2017) This is an interlocutory appeal in an employment discrimination case where the San Antonio  Court of Appeals reversed the denial of the District’s jurisdictional
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