Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. 5th Circuit holds it was not unconstitutional for office to use non-deadly punches to gain control of the arms of a drunken, actively resisting suspect.

Griggs v. Brewer, No. 16-10221(5th Cir. October 28,2016) This is a qualified immunity/excessive force claim where the U.S. 5th Circuit affirmed the granting of the officer’s qualified immunity defense. Officer Charley Brewer conducted a routine traffic stop of a vehicle driven by
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Takings, Tax

City’s summary judgment reversed and remanded under failure to address Patel due-course-of-law analysis; dismissal of all other constitutional challenges to utility late fee ordinance affirmed

Gatesco Q.M. Ltd d/b/a Quail Meadows Apartments, a Texas Limited Partnership v. City of Houston, 14-14-01017-CV (Tex. App— Houston [ 14th Dist.], October 20, 2016) In this case the 14th Court of Appeals affirmed-in-part and reversed-in-part the granting of the City’s summary
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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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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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Constitutional Challenge, Contracts, Declaratory Judgments, Injunction, Official/Qualified Immunity, Public Works, Sovereign Immunity, TOMA, TTCA, Ultra Vires

City waived immunity in breach of contract case for solid waste disposal services

City of Rio Grande City, Texas, and Joel Villarreal, Herman R. Garza III, Arcadio J. Salinas III, Rey Ramirez, and Dave Jones in their Official Capacities v. BFI Waste Services of Texas, LP d/b/a Allied Waste Services of Rio Grande Valley,04-15-00729-CV (Tex.
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