Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. 5th Circuit holds it was not unconstitutional for office to use non-deadly punches to gain control of the arms of a drunken, actively resisting suspect.

Griggs v. Brewer, No. 16-10221(5th Cir. October 28,2016) This is a qualified immunity/excessive force claim where the U.S. 5th Circuit affirmed the granting of the officer’s qualified immunity defense. Officer Charley Brewer conducted a routine traffic stop of a vehicle driven by
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Declaratory Judgments, Elections, Injunction, Litigation, Procedure

Petitioner did not conclusively establish charter amendment petition was valid; but city did not prove it was not valid so case remanded

City of Galena Park, Et Al. v. Barry Ponder, 14-15-00708-CV (Tex.App— Houston [ 14th Dist.] October 25, 2016) In this suit to compel a charter amendment election, the 14th Court of Appeals reversed the granting of a summary judgment which favored the
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Sovereign Immunity, TTCA

Falling item in room was a premise defect case, not a tangible personal property case under TTCA says Dallas Court of Appeals

Laura Constantino v. Dallas County Hospital District d/b/a Parkland Health & Hospital System a/k/a Parkland Memorial Hospital, 05-15-01273-CV (Tex.App— Dallas, October 24,2016) This is the second appellate decision regarding this negligent case where the Court of Appeals held this was a premise
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Takings, Tax

City’s summary judgment reversed and remanded under failure to address Patel due-course-of-law analysis; dismissal of all other constitutional challenges to utility late fee ordinance affirmed

Gatesco Q.M. Ltd d/b/a Quail Meadows Apartments, a Texas Limited Partnership v. City of Houston, 14-14-01017-CV (Tex. App— Houston [ 14th Dist.], October 20, 2016) In this case the 14th Court of Appeals affirmed-in-part and reversed-in-part the granting of the City’s summary
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Discrimination, Employment Law

College’s evidence established employee was incompetent for her job; therefore not qualified; therefore could not make a prime facie case for discrimination

Darla Lackey v. Lone Star College System, 09-15-003999-CV (Tex. App— Beaumont, October 20, 2016) This is an employment discrimination case where the Beaumont Court of Appeals affirmed the granting of the College’s plea to the jurisdiction. Lackey is a forty-three-year-old Caucasian female
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Employment Law, Whistleblower

Austin Court of Appeals holds supervisor without law-enforcement powers can still qualify as appropriate law enforcement authority for Whistleblower Act purposes

Rebekha Montie v. Bastrop County,03-16-00123(Tex. App— Austin, October 19, 2016) This is a Texas Whistleblower Act case where the Austin Court of Appeals reversed the granting of the County’s plea to the jurisdiction and remanded the case for trial. Rebekha Montie was
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Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

Plaintiff’s expert created fact issue as to officer’s recklessness preventing the granting of City’s plea to the jurisdiction

Bay City, Texas v. Wade McFarland, 13-15-00122-CV (Tex. App— Corpus Christi, October 13,2016) This is a Texas Tort Claims Act case involving an automobile accident where the Corpus Christi Court of Appeals affirmed the denial of the City’s plea to the jurisdiction.
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