Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Litigation, Nuisance, Sovereign Immunity, Takings

First District Court of Appeals holds property owner could not bring a takings claim based on judicial order regarding substandard building

Jaime Jaramillo v. The City of Texas City, 01-20-00654-CV, (Tex. App.—Houston [1st Dist.], Feb. 8, 2022, no pet. h.) (mem. op.). This is a takings case brought after the City initiated an enforcement action for a dilapidated building. The First District Court
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Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity

Texas Supreme Court holds the law requires more than conclusory references to the statute’s elements in order to waive immunity

Patrick Von Dohlen, et. al., v City of San Antonio, 20-0725 (Tex. April 1, 2022) This is a declaratory judgment – statutory cause of action case brought against the City of San Antonio (“City”) for violating Chapter 2400 of the Texas Government
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Search and Seizure, Sec. 1983

US 5th Circuit held officer entitled to qualified immunity due to suspects resisting placement in vehicle

Craig, et al. v. Martin, 19-10013, (5th Cir. Feb. 15, 2022) Special guest author: Joshua Galicia, Law Offices of Ryan Henry, PLLC This Fifth Circuit appeal stems from a series of §1983 claims, all of which were dismissed under the appellant’s motion
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Litigation, Official/Qualified Immunity, Sec. 1983

Fifth Circuit holds that there is no per se rule permitting pressure placed on a resisting suspect’s back and that reasonableness of use of force can change in a single interaction

Vicki Timpa, et al. v. Dustin Dillard, et al., 20-10876, 2021 WL 5915553 (5th Cir. Dec. 15, 2021) Special guest author Joshua Galicia This is a §1983 excessive force and bystander liability case appealed from the District Court of the Northern District
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Litigation, Sovereign Immunity, TTCA

In police pursuit case, Texas Supreme Court holds 1) deviation from policy waives immunity only if lights or sirens are required, 2) officer exceeding the speed limit is part and parcel of a police chase and not not inherently reckless and 3) no independent waiver of immunity for negligent implementation of policy

  City of San Antonio v Maspero, et al. 19-1144 (Tex. Feb. 18, 2022) This is a Texas Tort Claims Act (“TTCA”) vehicle accident case where the Texas Supreme Court dismissed the Plaintiffs’ claims for lack of jurisdiction. Plaintiffs contend that their
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Litigation, Procedure, Sovereign Immunity, TTCA

The emergency exception to the Tort Claims not grounds for jurisdictional plea when factual disputes exist regarding an officer’s recklessness

Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Houston v. Crystal Green, No. 14-20-00190-CV (Tex. App.—Houston [14th Dist.] Jan. 11, 2022) (mem. op.). In this appeal from a trial court’s denial of the city’s motion for summary judgment,
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Agency, Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Litigation, Procedure

Fort Worth Court of Appeals affirms trial court’s authority under Civil Service Act to vacate a hearing examiner award, remand for a rehearing, and require a separate hearing examiner

Shea O’Neill v. City of Fort Worth, 02-21-00214-CV (Tex. App. – Fort Worth, Feb 3, 2022) This is a civil service case (which has already gone up and down the appellate ladder) where the Fort Worth Court of Appeals affirmed the trial
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