Litigation, Procedure, Sovereign Immunity, TTCA

14th Court of Appeals holds administering drug is the “use” of tangible personal property for immunity purposes

University of Texas M.D. Anderson Cancer Center v. Lance McKenzie, Individually and as Representative of the Estate of Courtney McKenzie-Thue (Deceased), Deborah Diver, Individually and As Next Friend of Jensen O’Hara, a Minor 14-16-00681-CV (Tex.App—Houston [14th District] August 3, 2017) This is
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

Officer and Police Chief entitled to dismissal under sec. 101.106(f) of Texas Tort Claims Act after alleged assault during arrest

John M. Donohue v. City of Boerne Chief of Police James Koehler, Officer Pablo Morales, and Martha L. Donohue, 04-16-00190-CV ( Tex.App—San Antonio, March 8,2017) This is a Texas Tort Claims Act case where the San Antonio Court of Appeals affirmed the
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Eminent Domain, Litigation, Procedure, Sovereign Immunity, Takings, Ultra Vires

State immune from suit for mineral interest relating back to Spanish land grant

Galan Family Trust v. State of Texas, et al, 03-15-00816-CV (Tex.App— Austin, February 24, 2017) This is an inverse-condemnation/trespass-to-try-title case where the Austin Court of Appeals affirmed the dismissal of the Plaintiff’s claims. The Galan Family Trust (“Trust” or “Plaintiff”) sued the
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

Citizen thrown out of city council meeting allowed to go forward with some, but not all claims against presiding council member and police officer

Heaney v. Roberts, No. 15-31088 (5th Cir. January 23, 2017) This is a First Amendment retaliation/discrimination case where the Plaintiff, Heaney, was ejected from a city council meeting allegedly due to his statements at the meeting. On September 18, 2013, Tom Heaney
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Retaliation

Chief Justice of 13th Court of Appeals not entitled to qualified immunity in First Amendment retaliation in employment suit by staffing attorney

Anderson v. State of Texas, No.15-40836 (5th Cir. January 10, 2017) This is a First Amendment in employment case where the U.S. 5th Circuit denied a judge’s claim for qualified immunity while acting in his administrative capacity. This is a 43-page opinion
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Declaratory Judgments, Injunction, Litigation

Dallas Court of Appeals holds taxpayer suit to prevent payment to Paxton special prosecutors was moot and not ripe.

 Jeffory Blackard v. Attorney Pro Tem Kent A. Schaffer, et al.,05-16-00408-CV (Tex.App— Dallas, January 18, 2017) A taxpayer sued Collin County, various County officials and the special appointed prosecutors assigned to represent the state in criminal matters against the current Texas Attorney
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