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

Officer and Police Chief entitled to dismissal under sec. 101.106(f) of Texas Tort Claims Act after alleged assault during arrest

John M. Donohue v. City of Boerne Chief of Police James Koehler, Officer Pablo Morales, and Martha L. Donohue, 04-16-00190-CV ( Tex.App—San Antonio, March 8,2017) This is a Texas Tort Claims Act case where the San Antonio Court of Appeals affirmed the
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Constitutional Challenge, Elections, Sec. 1983, Voting Rights

US Supreme Court remands redistricting case to determine if state improperly used race as a basis for redistricting lines

Bethune-Hill v. Virginia State Bd. of Elections, No. 15-680 (U.S. March 1, 2017) In this U.S. Supreme Court redistricting case, the Court held the lower courts misapplied the standard for determining whether race was an impermissible factor in redrawing district lines. This
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Constitutional Challenge, Contracts, Declaratory Judgments, Eminent Domain, Sovereign Immunity, Takings

City held to be acting both in a proprietary capacity and a governmental capacity involving lease for mineral interests says Dallas Court of Appeals

The City of Dallas v. Trinity East Energy, LLC, 05-16-00349-CV(Tex.App— Dallas, February 7, 2017) This is an interlocutory appeal from the granting-in-part and denial-in-part of a plea to the jurisdiction involving an inverse condemnation claim for mineral interests. The Dallas Court of
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

Citizen thrown out of city council meeting allowed to go forward with some, but not all claims against presiding council member and police officer

Heaney v. Roberts, No. 15-31088 (5th Cir. January 23, 2017) This is a First Amendment retaliation/discrimination case where the Plaintiff, Heaney, was ejected from a city council meeting allegedly due to his statements at the meeting. On September 18, 2013, Tom Heaney
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Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. 5th Circuit holds officer who was present but did not perform roadside body cavity search can potentially be liable for §1983 claim under bystander liability theory

Hamilton v. kindred, No. 16-40611(5th Cir. January 12, 2017) This is an interlocutory appeal in a suit involving alleged unlawful body cavity searches of two women and the trial court’s denial of a Deputy Sheriff’s claim of qualified immunity. Two women, Hamilton
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Retaliation

Chief Justice of 13th Court of Appeals not entitled to qualified immunity in First Amendment retaliation in employment suit by staffing attorney

Anderson v. State of Texas, No.15-40836 (5th Cir. January 10, 2017) This is a First Amendment in employment case where the U.S. 5th Circuit denied a judge’s claim for qualified immunity while acting in his administrative capacity. This is a 43-page opinion
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

U.S. Supreme Court holds officer entitled to qualified immunity for shooting suspect after arriving late to an altercation with other officers

RAY WHITE, ET AL. v. DANIEL T. PAULY, No.16-67 (U.S. January 9, 2017)  This is an excessive force, police shooting case where the United States Supreme Court granted an officer’s qualified immunity defense. Through a serious of events, three officers became involved
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