Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

Since volunteer firefighter is not an employee, no waiver of immunity exists for his car accident

Freer Volunteer Fire Department v. April Wallace, Individually and Next Friend of Gabriella Wallace, 04-16-00373-CV (Tex. App— San Antonio, October 5,2016) This is a Texas Tort Claims Act case where the involving a volunteer fire department and whether an individual is a
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Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Litigation, Procedure

City not required to adopt formal criteria for non-consent tow list and may consider intangible/subjective factors

 Integrity Collision Center v. City of Fulshear, No. 15-20560 ( 5th Cir. September 20,2016) This is an injunction case where a tow-truck company sued to compel the City to include it in the City’s non-consent tow list. The U.S. Court of Appeals
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Official/Qualified Immunity, Sovereign Immunity, TTCA

Since trooper entitled to official immunity in car accident case, DPS also immune from care accident says Austin Court of Appeals

Texas Department of Public Safety v. Anisty Mirasol, 03-15-00300-CV (Tex.App— Austin, September 29,2016) The Texas Department of Public Safety (“DPS”) appeals from the trial court’s order denying its plea to the jurisdiction in a vehicle collision case with a DPS officer under
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ADA, Discrimination, Employment Law

Since City offered training for alternative employment position due to disability, City did not fail to make a reasonable accommodation says U.S. 5th Circuit.

Dillard v City of Austin, No. 15-50779 ( 5th Cir. September 16,2016) This is a disability discrimination case where the U.S. Fifth Circuit affirmed the granting of summary judgment for the City employer. After a car accident left Dillard with lingering injuries
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Constitutional Challenge, Employment Law, Retaliation, Sec. 1983

Ex-Police Chief’s suit against Mayor was not “matter of public concern” in relation to Chief’s suit against City under First Amendment

Gibson v. Kilpatrick,15-60583(5th Cir. September 20,2016) This is a First Amendment retaliation in employment case where the U.S. Court of Appeals for the 5th Circuit held the employee’s speech was not on a matter of public concern. This is a continuing litigation
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Constitutional Challenge, Land Use, Sovereign Immunity, Takings, Zoning

City immune from delay in zoning approval due to City Attorney’s mistaken understanding of municipal boundary line

City of Floresville, et al.  v. Starnes Investment Group, LLC, 04-16-00038 (Tex.App— San Antonio, September 28,2016) This is an interlocutory appeal from the denial of a plea to the jurisdiction in a case where a city employee mistakenly informed a property developer
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Constitutional Challenge, Declaratory Judgments, Injunction, Sign Regulation

Austin Court of Appeals holds parts of Texas Highway Beautification Act unconstitutional

  Auspro enterprises, LP v. Texas Department of Transportation,03-14-00375-CV (Tex. App— Austin , August 26,2016) In this case the Austin Court of Appeals held unconstitutional part of the Texas Highway Beautification Act (“Act”) in light of the U.S. Supreme Court’s decision last
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