Agency, Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Injunction, Litigation, Sovereign Immunity, TOMA

Beaumont Court of Appeals holds firefighter’s last-chance agreement in collective bargaining city deprived trial court of jurisdiction to hear appeal of indefinite suspension

  Michael Scott Nix v. City of Beaumont, 09-18-00407-CV (Tex. App. -Beaumont – Oct. 3, 2019)\ This is an interlocutory appeal in a firefighter suspension case where the Beaumont Court of Appeals affirmed the granting of the City’s plea to the jurisdiction.
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Constitutional Challenge, Litigation, Procedure, Sovereign Immunity, Takings

12th Court of Appeals holds a regulatory civil enforcement suit did not constitute a taking by a conservation district

Neches and Trinity Valleys Groundwater Conservation District v. Mountain Pure TX, LLC  12-19-00172-CV (Tex. App. – Tyler, September 18, 2019). This is a regulatory takings/compliance enforcement case where the Tyler Court of Appeals reversed the denial of a conservation district’s plea to
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Constitutional Challenge, Declaratory Judgments, Injunction, Sovereign Immunity, Ultra Vires, Uncategorized

Developer properly pleaded claims County failed to maintain roadways, Fort Worth Court of Appeals says

Wise County, et al v. Katherine Mastropiero,  02-18-00378-CV (Tex. App. – Fort Worth, August 9, 2019) In this case, the Fort Worth Court of Appeals held that the district court had jurisdiction to hear a property owner’s claims the County must maintain
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Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. 5th Circuit holds deputy entitled to qualified immunity on state-created-danger claims, but not wrongful arrest claims

Keller v. Fleming, 18-60081(5th Cir. July 23, 2019) In this §1983 case, the U.S. 5th Circuit reversed the denial of an officer’s qualified immunity defense for a state-created-danger claim but affirmed denial based on unlawful arrest claims. Gerald Simpson was struck and
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Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. Supreme Court holds “clearly establish” prong of qualified immunity defense must not be defined with a high degree of generality

City of Escondido v Emmons, 17-1660 (U.S. January 7, 2019) City of Escondido police received a domestic violence 911 call from Maggie Emmons. Officer Jake Houchin responded to the scene and reported Emmons had sustained injuries caused by her husband. The officers
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Constitutional Challenge, Official/Qualified Immunity, Search and Seizure, Sec. 1983

U.S. Supreme Court holds 1st Amendment retaliatory arrest claim barred because probable cause exists and plaintiff has no objective evidence of retaliatory motive

Nieves, et al., v Bartlett, 17–1174 (May 28, 2019) In this First Amendment/retaliatory arrest/§1983 case the U.S. Supreme Court held the presence of probable cause eliminates the First Amendment claims as a matter of law. [Comment: warning this is a 48-page set
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Agency, Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity, Takings

Texas Supreme Court holds plaintiff in red-light challenge lawsuit was required to exhaust administrative remedies before filing for injunctive relief

Garcia v City of Willis, et al., 17-0713 (Tex. May 3, 2019) In this constitutional challenge to red-light camera case, the Texas Supreme Court held the plaintiff was required to exhaust administrative remedies before bringing his constitutional-takings claim. Luis Garcia sued the
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Agency, Constitutional Challenge, Declaratory Judgments, Employment Law, Finance, Injunction

Texas Supreme Court holds pension board’s amendment to deferred retirement option account was not unconstitutional

Eddington v Dallas Police and Fire Penson Systems, et al.,   17-0058, (Tex. March 8, 2019) This is a statutory construction case where the Texas Supreme Court held the City of Dallas’s amendment to its pension plan did not violate the Texas Constitution.
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