Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

Officers entitled to qualified immunity after issuing no-trespass order prohibiting individual from entering City Hall

Vincent v. City of Sulphur No. 15-30182 (5th Cir. October 28, 2015) This is a §1983 lawsuit where the U.S. Court of Appeals for the Fifth Circuit granted qualified immunity to police officers who issued a no trespass warning to an individual
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Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, Sovereign Immunity, TTCA

Department of Criminal Justice not liable for inmate suicide says First Court of Appeals

Nikki Sides individually and on behalf of the estate of Thomas Middleton v. Texas Department of Criminal Justice, 01-15-00004-CV (Tex. App. – Houston [1st Dist.] November 3, 2015). This is a Texas Tort Claims Act (“TTCA”)–inmate suicide case in which the First
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Constitutional Challenge, Litigation, Procedure, Structural Standards, Takings

Failure to appeal demolition order prohibits apartment owners from bringing a takings claim says Fort Worth Court of Appeals

1707 New York Ave., LLC v. City of Arlington, 02-14-00259-CV (Tex. App. – Fort Worth, October 22, 2015). This is a structural standards/constitutional takings case where the Fort Worth Court of Appeals affirmed the granting of the City’s plea to the jurisdiction.
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Constitutional Challenge, Contracts, Litigation, Procedure, Sovereign Immunity

Suit for umpire under TML coverage documents is not proper mechanism to seek appointment says 4th Court of Appeals

  Texas Municipal League Joint Self-Insurance Fund, and the The Texas Municipal League Intergovernmental Risk Pool v Housing Authority of the City of Alice, 04-15-00069-CV (Tex. App.—San Antonio, October 14, 2015). The Housing Authority is a member of a joint self-insurance pool
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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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Annexation, Constitutional Challenge, Contracts, Declaratory Judgments, Land Use, Litigation, Procedure, Sovereign Immunity, Ultra Vires, Zoning

City’s jurisdictional plea denied in case asserting City’s development agreement equates to contract zoning

City of Shavano Park v. Ard Mor, Inc., et al, 04-14-00781-CV (Tex. App. – San Antonio, July 29, 2015) This is an interlocutory appeal from the denial of a plea to the jurisdiction involving a challenge to an adjacent development agreement and
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Agency, Constitutional Challenge, Declaratory Judgments, Litigation, Sovereign Immunity, Ultra Vires

Texas Supreme Court creates new standard holding governmental regulations must be more than rationally related to governmental interest under Article I, § 19 of the Texas Constitution

ASHISH PATEL, et al  v. TEXAS DEPARTMENT OF LICENSING AND REGULATION, et al, 12-0657 (Tex. June 26, 2015) In this regulation case, the Texas Supreme Court held the Texas regulation for licensing of eyebrow threaders (the “Threaders”) is not rationally related to
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