Agency, Public Works, Ultra Vires

Replacement easements are not costs “properly attributable to the relocation” of utility easements says 14th Court of Appeals.

Texas Transportation Commission and Ted Houghton, in his official capacity as chair the. Texas Transportation Commission v. City of Jersey Village, 14-14-00823-CV (Tex. App. – Houston, [14th Dist], October 15, 2015) Texas Department of Transportation is widening U.S. Highway 290 to include
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Employment Law, Whistleblower

Internal policy against outside reporting of criminal violations does not relieve employee of requirement to report to appropriate law enforcement authority under Whistleblower Act

Office of Attorney General v Ginger Weatherspoon, 14-0582 (Tex. September 18, 2015). This is a Texas Whistleblower Act case where the Texas Supreme Court reversed the denial of the State’s plea to the jurisdiction and dismissed the case. Weatherspoon was an assistant
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

U.S. 5th Circuit holds officers violate due process rights if they fabricate evidence, even if the DA never brings charges and no trial occurs; however fact question exists as to fabrication

Cole v. Carson No. 14-10228 c/w No. 15-10045 (5th Cir. September 25, 2015), This is an excessive force/qualified immunity case where the U.S. Court of Appeals for the Fifth Circuit affirmed the denial of law enforcement officers’ qualified immunity motions.  However, the
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Civil Service/Collective Bargaining, Employment Law

Officer’s termination based on DA’s decision not to accept her cases was disciplinary in nature under Civil Service Act says 3rd Court of Appeals

Stephanie Hoskins Brown v. The City of Georgetown, et al. 03-14-00231-CV (Tex. App. – Austin, September 22, 2015) This is a civil service case where the threshold question is whether an officer’s termination was disciplinary in nature or the result of her
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