Constitutional Challenge, Declaratory Judgments, Litigation, Procedure, Sign Regulation

County must sue AG, not individual concealed handgun license holder, in dispute over courthouse sign says 1st District Court of Appeals

  Terry Holcomb, Sr. v. Waller County, 01-16-01005-CV, (Tex. App. – Houston [1st Dist.], March 15, 2018) This is a concealed handgun/courthouse civil suit where the First District Court of Appeals reversed a declaratory judgment for the County. The Waller County Courthouse
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Search and Seizure, Sec. 1983

U.S. Supreme Court holds officers at scene were not required to belief innocent explanations of suspects given circumstances – probable cause therefore exists for arrests.

District of Columbia, et al. v Wesby, et al, No. 15–1485., — U.S. – (January 22, 2018). This is an unconstitutional false arrest case where the U.S. Supreme Court determined the officers on the scene had probable cause to make arrests of
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Agency, Discrimination, Employment Law, Litigation, Procedure, Retaliation

14th Court of Appeals holds employee does not have to file TWC charge of retaliation if the employee asserts retaliation for filing discrimination charge

Metropolitan Transit Authority of Harris County, Texas v. Viola M. Douglas 14-17-00176-CV (Tex. App— Houston [14th Dist.] February 27, 2018) This is an employment discrimination and retaliation case where the 14th District Court of Appeals affirmed the denial of the employer’s plea
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Litigation, Procedure, Sovereign Immunity, TTCA

Beaumont Court of Appeals holds incident report of inmate injury due to power tools was insufficient to establish actual knowledge under TTCA

Texas Department of Criminal Justice v. Neftali Cisneros 09-17-00161-CV (Tex. App– Beaumont March 1, 2018) This is an interlocutory appeal from the denial of a plea to the jurisdiction in a Texas Tort Claims Act (“TTCA”) case, where the Beaumont Court of
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Litigation, Sovereign Immunity, TTCA

Dallas Court of Appeals upholds jury verdict holding circumstantial evidence can establish actual knowledge of a dangerous condition

Texas Department of Transportation v. Brian Milton 05-16-00955-CV (Tex. App—- Dallas, February 14, 2018) This is a premise defect case against the Texas Department of Transportation (“TxDOT”)  where the Dallas Court of Appeals affirmed a jury verdict against TxDOT. Milton, a motorcyclist,
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Sec. 1983

U.S. 5th Circuit remands excessive force case holding fact question exists as to whether suspect who died during arrest was resisting or not

Darden v. City of Fort Worth, 16-11244, — F3d. –, 2018 WL 525640 (5th Circ. January 24, 2018) This is a §1983/excessive force/ wrongful death case where the U.S. 5th Circuit Court of Appeals reversed a trial court order granting the officers’
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