Constitutional Challenge, Litigation, Procedure, Public Works, Sovereign Immunity, Takings

Homeowners properly pled a taking by flooding due to channel reconstruction and temporary embankments says El Paso Court of Appeals

  CITY OF SOCORRO, Texas v.  SAMUEL CAMPOS, et al, 08-14-00295-CV (Tex.App— El Paso, September 14,2016) This is a takings/flooding case where the El Paso Court of Appeals held the Plaintiffs properly pled a takings case. The residents contend that the City
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Constitutional Challenge, Employment Law, Retaliation, Sec. 1983

Employee unable to establish terminating supervisor was aware of First Amendment activity, so summary judgment for employer was proper

Kristi Dearman v. Stone County School District, 15-60506 (5th Cir. August 11,2016) This is a First Amendment and procedural due process employment case where the U.S. Fifth Circuit affirmed the granting of the employer’s summary judgment motion. Dearman was an employee of
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Constitutional Challenge, Litigation, Procedure, Sovereign Immunity, TTCA

No waiver of immunity where County provided pain medication to pretrial detainee before hearing which allegedly caused detainee to misunderstand guilty plea

Loyd Landon Sorrow v. Harris County, Et Al, 14-15-00571-CV (Tex. App— Houston [14th Dist.], August 23,2016) Sorrow was a pretrial detainee housed in the Harris County Jail. Sorrow asserts that during pre-trial detention he received medical treatment that included anti-psychotics and narcotics.
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Constitutional Challenge, Employment Law, Litigation, Mandamus, Procedure, Takings, Whistleblower

Town’s Interlocutory appeal timely under scheduling order, but permissive appeal by Plaintiff was untimely

Sarah Swanson v. Town of Shady Shores, 02-15-00351-CV (Tex.App— Fort Worth, August 18,2016) This is a Texas Whistleblower Act, Texas Open Meetings Act, due process, free speech and Sabine Pilot case, but the main thrust of the appeal is litigation/appellate procedure. So,
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Constitutional Challenge, Declaratory Judgments, Public Works, Sovereign Immunity, Takings

City immune from suit for reverter given language of deed says 4th Court of Appeals

The City of Laredo v. Northtown Development, Inc. and Gateway Centennial Development, Co., 04-15-00736-CV (Tex. App—San Antonio, August 10,2016) This is a takings case based on an alleged reverter in public property where the Fourth Court of Appeals reversed the denial of
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Constitutional Challenge, Sovereign Immunity, TTCA

Plaintiff could not establish City was substantially certain any actions were likely to cause flooding

City of Magnolia, City of Magnolia 4A Economic Development Corporation and City of Magnolia 4B Community Development Corporation v. David Smedley, 09-15-00334-CV  (Tex. App—Beaumont. July 28,2016) This is a flooding case where the Beaumont Court of Appeals dismissed the Plaintiff’s claims against
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Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Preemption, Separation of Powers

Permanent injunction prohibiting city from holding election on red light cameras dissolved

The City of Cleveland et al., v. Keep Cleveland Safe, 09-15-00076-CV (Tex. App—Beaumont, July28, 2016) Plaintiff, Keep Cleveland Safe (“KCS”) filed a petition attempting to stop the City from placing an issue on the ballot for the May 2014 election regarding photographic
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Constitutional Challenge, Litigation, Procedure, Sec. 1983

U.S. Supreme Court holds PLRA does not have a “special circumstance” exception, but does require analysis of “available” administrative procedures for relief

Ross v Blake 15-339  (U.S. June 6, 2016) Slip Opinion This is a §1983 excessive force case, but its main focus is on the Prison Litigation Reform Act (“PLRA”) compliance. While transporting an inmate (Blake) to a segregation unit, a prison guard
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Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

Suspect unable to dispute officer’s evidence suspect reached towards waistband and perceived weapon so officer is entitled to immunity

 Salazar-Limon v. City of Houston 15-20237 (5th Cir. June 15th  2016) This is a §1983 excessive force case where the U.S. 5th Circuit affirmed the granting of an officer’s qualified immunity. Salazar was driving with three other men in his truck and
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