Official/Qualified Immunity, Sovereign Immunity, TTCA

14th Court of Appeals holds police officer is entitled to official immunity in police chase case after providing detailed affidavits.

City of Houston v. Paula Collins,14-16-00449-CV (Tex. App— Houston [ 14th Dist.] January 31, 2017) This is a Texas Tort Claims Act vehicle accident case involving official immunity where the 14th Court of Appeals reversed and rendered the denial of the City’s
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Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. 5th Circuit holds officer who was present but did not perform roadside body cavity search can potentially be liable for §1983 claim under bystander liability theory

Hamilton v. kindred, No. 16-40611(5th Cir. January 12, 2017) This is an interlocutory appeal in a suit involving alleged unlawful body cavity searches of two women and the trial court’s denial of a Deputy Sheriff’s claim of qualified immunity. Two women, Hamilton
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Retaliation

Chief Justice of 13th Court of Appeals not entitled to qualified immunity in First Amendment retaliation in employment suit by staffing attorney

Anderson v. State of Texas, No.15-40836 (5th Cir. January 10, 2017) This is a First Amendment in employment case where the U.S. 5th Circuit denied a judge’s claim for qualified immunity while acting in his administrative capacity. This is a 43-page opinion
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Declaratory Judgments, Injunction, Litigation

Dallas Court of Appeals holds taxpayer suit to prevent payment to Paxton special prosecutors was moot and not ripe.

 Jeffory Blackard v. Attorney Pro Tem Kent A. Schaffer, et al.,05-16-00408-CV (Tex.App— Dallas, January 18, 2017) A taxpayer sued Collin County, various County officials and the special appointed prosecutors assigned to represent the state in criminal matters against the current Texas Attorney
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

U.S. Supreme Court holds officer entitled to qualified immunity for shooting suspect after arriving late to an altercation with other officers

RAY WHITE, ET AL. v. DANIEL T. PAULY, No.16-67 (U.S. January 9, 2017)  This is an excessive force, police shooting case where the United States Supreme Court granted an officer’s qualified immunity defense. Through a serious of events, three officers became involved
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Agency, Declaratory Judgments, Litigation, Procedure

Court of Appeals holds it does not have interlocutory jurisdiction over reinstatement order, even though immunity is involved

West Travis County Public Utility Agency, on behalf of itself and its Directors, Larry Fox, Michael Murphy, Ray Whisenant, Bill Goodwin, and Scott Roberts, in their Official Capacities v. CCNG Development Co., L.P., No.03-16-00521-CV (Tex. App— Austin, January 4, 2017) This opinion
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Sovereign Immunity, TTCA

Death from slip on kayak cut in dam not actionable under TTCA, but failure to maintain scour hole is says Fort Worth Court of Appeals

Tarrant Regional Water District v. Richard Johnson and Sharkara Johnson, 02-16-00043-CV (Tex. App— Fort Worth, December 30, 2016) This is an interlocutory appeal in a Texas Tort Claims Act (“TTCA”) case where the Fort Worth Court of Appeals affirmed-in-part and reversed-in-part the
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