Deputies cannot use no-evidence summary judgment to argue qualified immunity defense in state court says Houston Court of Appeals for 14th District.

Sergeant Mary Haver and Deputy Constable Kevin Vailes, in their individually capacities v. Barbara Coats, et al. 14-15-00185-CV (Tex. App. – Houston [14th Dist.], April 12, 2016) This is a qualified immunity/excessive force case where the court held the individual constable deputies
Read More

City and City officials not liable for malicious prosecution in case brought by park vendor

City of Dallas, et al v. Robert Groden 05-15-00033-CV (Tex. App. – Dallas, April 6, 2016). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a malicious prosecution case. The Dallas Court of Appeals reversed the
Read More

Texas Supreme Court ends split in circuits and holds proprietary-governmental dichotomy exists in breach of contract cases

WASSON INTERESTS, LTD. v. CITY OF JACKSONVILLE, 14-0645 (Tex. April 1, 2016) This is a proprietary-governmental dichotomy in contracts case where the Texas Supreme Court ruled the dichotomy does exist within the context of breach of contract disputes. In the 1990s, the
Read More