Category: Constitutional Challenge

March 2, 2023Constitutional Challenge, Employment Law, Procedure

An F-5 general discharge is insufficient evidence of disparagement of character to require a name clearing hearing as part of termination of employment due process.

An F-5 general discharge is insufficient evidence of disparagement of character to require a name clearing hearing as part of termination of […]

February 3, 2023Agency, Constitutional Challenge, Mandamus, Sec. 1983, Sovereign Immunity, Uncategorized

Texas Supreme Court holds wrongfully imprisoned man could not bring federal claims after accepting Tim Cole Act funds from Comptroller

Brown v City of Houston, et al., 22-0256 (Tex, February 3, 2023) In response to a U.S. 5th Circuit certified question, the […]

August 29, 2022Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Employment Law, Litigation, Sovereign Immunity

Fourth Court of Appeals holds civil service employee established jurisdiction for denial of due process claim

City of Laredo  and City of Laredo Municipal Civil Service Commission v. Tony H. Moreno, 04-21-00413-CV, (Tex. App – San Antonio, Aug. […]

May 24, 2022Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Land Use, Public Works, Sovereign Immunity, Takings

Texas Supreme Court holds city’s civil-enforcement of utility payment ordinance was not an unconstitutional taking

  City of Baytown v Alan Schrock, 20-0309 (Tex. May 13, 2022)  In this takings case, the Texas Supreme Court held the […]

May 24, 2022Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Sovereign Immunity, Takings

Texas Supreme Court holds general-law cities cannot impose a revenue-based licensing fee for construction trash haulers

  Builder Recovery Services, LLC v. The Town of Westlake, Texas, 21-0173, (Tex, May 20, 2022)  In this case, the Texas Supreme […]

May 11, 2022Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Litigation, Nuisance, Sovereign Immunity, Takings

First District Court of Appeals holds property owner could not bring a takings claim based on judicial order regarding substandard building

Jaime Jaramillo v. The City of Texas City, 01-20-00654-CV, (Tex. App.—Houston [1st Dist.], Feb. 8, 2022, no pet. h.) (mem. op.). This […]

May 4, 2022Constitutional Challenge, Declaratory Judgments, Land Use, Sec. 1983, Sign Regulation

U.S. Supreme Court holds Austin on-premise/off-premise sign regulation is content neutral

Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Austin, Texas v. Reagan Nat’l Advert. Of Austin, LLC., et […]

March 27, 2022Constitutional Challenge, Litigation, Official/Qualified Immunity, Search and Seizure, Sec. 1983

US 5th Circuit held officer entitled to qualified immunity due to suspects resisting placement in vehicle

Craig, et al. v. Martin, 19-10013, (5th Cir. Feb. 15, 2022) Special guest author: Joshua Galicia, Law Offices of Ryan Henry, PLLC […]

December 27, 2021Board of Adjustment, Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Sovereign Immunity, Takings, Vested Rigths, Zoning

Fort Worth Court of Appeals holds Plaintiffs properly plead constitutional challenges to City’s short-term rental ordinance

  City of Grapevine v. Ludmilla B. Muns, et al, 02-19-00257-CV (Tex. App. – Fort Worth, Dec. 23, 2021) This is an […]

November 28, 2021Constitutional Challenge, Litigation, Sec. 1983

U.S. 5th Circuit remands inmate’s sec. 1983 claims to evaluate whether prison disciplinary decision overlaps with excessive force claims

Gray v. White, 20-30218, (US 5th Cir – Nov. 17, 2021) This is a §1983/excessive force case where the U.S. Fifth Circuit […]