Litigation – The Law Offices of Ryan Henry

Litigation, Sovereign Immunity, Ultra Vires

Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated

City of Killeen v Aamir Terry, et al., 22-0186 (Tex. April 25, 2025) In this Texas Tort Claims Act (TTCA) case, the Texas Supreme Court held the emergency responder exception does not immediately apply the recklessness standard. Plaintiff Terry sued the City
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Litigation, Sovereign Immunity, TTCA

First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle

City of Houston v. Mary Johnson, 01-23-00938-CV, (Tex. App. Houston [1st Dist.], April 8, 2025) This is a Texas Tort Claims Act (TTCA) claim where the First District Court of Appeals affirmed the denial of the City’s plea to the jurisdiction. The
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Litigation, Sovereign Immunity, TTCA

14th Court of Appeals holds Plaintiff in vehicle accident failed to estbalish City recieved a proper notice of claim or actual knowledge of the claim within deadline so case was dismissed

Brian F. Wilson v. City of Houston, 14-22-00666-CV (Tex.App. — Hous [14th Dist.], Oct. 10, 2023) This is a Texas Tort Claims Act/Emergency Responder case where the Fourteenth Court of Appeals affirmed the granting of the City’s dispositive motions. Wilson
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Declaratory Judgments, Employment Law, Injunction, Litigation, Sovereign Immunity, Ultra Vires

Waco Court of Appeals holds fact question exists on who could terminate a police officer

Gregory Maliere v City of Buffalo, Texas, et al, No. 10-22-00391-CV (Tex. App. — Waco, September 28, 2023) This is essentially an employment dispute where the City terminated a police officer. The officer sued for ultra-vires actions asserting only the chief of
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Civil Service/Collective Bargaining, Contracts, Employment Law, Litigation

Beaumont Court of Appeals holds civil service employee’s suit deadline was not extended by Supreme Court’s emergency orders

Michael Scott Nix v. City of Beaumont, Texas, 09-22-00042-CV (Tex. App. – Beaumont, July 27, 2023) In this civil service lawsuit, the Beaumont court of appeals affirmed the granting of the City’s plea to the jurisdiction. Plaintiff Nix, a City of Beaumont
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Litigation, Mandamus, Procedure

First District Court of Appeals holds defendant entitled to mandamus relief when trial court denied motion to designate a responsible third party

In re Hidden Development Partners, LP, 01-22-00152-CV (Tex. App. — Houston [1st Dist.] June 8, 2023) While not primarily a government entity case, this holding can be used by entities involved in litigation. This is an original mandamus proceeding where the First
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Constitutional Challenge, Declaratory Judgments, Eminent Domain, Litigation, Separation of Powers, Sovereign Immunity

Texas Supreme Court holds one public entity is not immune from condemnation suit filed by another

HIDALGO COUNTY WATER IMPROVEMENT DISTRICT NO. 3 v. HIDALGO COUNTY IRRIGATION DISTRICT NO. 1; 21-0507 (Tex. May 19, 2023) In this immunity case, the Texas Supreme Court held that governmental/sovereign immunity does not prohibit one political subdivision from utilizing eminent-domain proceedings against
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Litigation, Sovereign Immunity, TTCA

Texas Supreme Court holds University retains immunity for interesection vehicle accident

Fraley v Texas A&M University System, No. 21-0784, (Tex. March 24, 2023) This is a Texas Tort Claims Act case where the Texas Supreme Court the held the alleged failure to install warning signs and the overall design of the intersection are
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Litigation, Sovereign Immunity, TTCA

Texas Supreme Court explains plaintiffs’ burdens to defeat a plea to the jurisdiction under Texas Tort Claims Act

Wesley Rattray, et. al, v. City of Brownsville, 20-0975 (Tex. March 10, 2023) This is a Texas Tort Claims Act (“TTCA”) case regarding property damage arising from the operation or use of motor driven equipment. The Texas Supreme Court reversed the granting
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Litigation, Sovereign Immunity, TTCA

Texas Supreme Court holds TTCA cap on damages are jurisdictional and the plaintiff’s burden to establish which cap applies

Gulf Coast Center v Curry, 20-0856 (Tex. December 30, 2022) In this Texas Tort Claims Act (“TTCA”) case, the Texas Supreme Court held the statutory caps on damages are not only jurisdictional but are the plaintiff’s burden to establish as part of
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Category: Litigation

Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated

First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle

14th Court of Appeals holds Plaintiff in vehicle accident failed to estbalish City recieved a proper notice of claim or actual knowledge of the claim within deadline so case was dismissed

Waco Court of Appeals holds fact question exists on who could terminate a police officer

Beaumont Court of Appeals holds civil service employee’s suit deadline was not extended by Supreme Court’s emergency orders

First District Court of Appeals holds defendant entitled to mandamus relief when trial court denied motion to designate a responsible third party

Texas Supreme Court holds one public entity is not immune from condemnation suit filed by another

Texas Supreme Court holds University retains immunity for interesection vehicle accident

Texas Supreme Court explains plaintiffs’ burdens to defeat a plea to the jurisdiction under Texas Tort Claims Act

Texas Supreme Court holds TTCA cap on damages are jurisdictional and the plaintiff’s burden to establish which cap applies

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