Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

U.S. Supreme Court holds officer entitled to qualified immunity for shooting suspect after arriving late to an altercation with other officers

RAY WHITE, ET AL. v. DANIEL T. PAULY, No.16-67 (U.S. January 9, 2017)  This is an excessive force, police shooting case where the United States Supreme Court granted an officer’s qualified immunity defense. Through a serious of events, three officers became involved
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Agency, Declaratory Judgments, Litigation, Procedure

Court of Appeals holds it does not have interlocutory jurisdiction over reinstatement order, even though immunity is involved

West Travis County Public Utility Agency, on behalf of itself and its Directors, Larry Fox, Michael Murphy, Ray Whisenant, Bill Goodwin, and Scott Roberts, in their Official Capacities v. CCNG Development Co., L.P., No.03-16-00521-CV (Tex. App— Austin, January 4, 2017) This opinion
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Litigation, Procedure, Sovereign Immunity

Plaintiff failed to request opportunity to amend pleadings before ruling on plea to the jurisdiction so waived argument says 2nd Court of Appeals

 Arthur Delgado, Jr. v. River Oaks Police Department and City of River Oaks, 02-15-00205-CV (Tex. App— Fort Worth, November 23, 2016) Delgado sued the City and the Police Department for claims arising from his arrest for driving while intoxicated and an involuntary
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Litigation, Mandamus, Procedure

Trial court in error for denying defendant’s designation of responsible third party even after SOL deadline says San Antonio Court of Appeals

In re Cleo Bustamante, Jr., 04-16-00333-CV (Tex.App— San Antonio, November 23,2016) This is a mandamus case of interest to litigators primarily who deal with proper designations for responsible third parties. The Fourth Court of Appeals, sitting en banc, determined it was error
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Declaratory Judgments, Elections, Injunction, Litigation, Procedure

Petitioner did not conclusively establish charter amendment petition was valid; but city did not prove it was not valid so case remanded

City of Galena Park, Et Al. v. Barry Ponder, 14-15-00708-CV (Tex.App— Houston [ 14th Dist.] October 25, 2016) In this suit to compel a charter amendment election, the 14th Court of Appeals reversed the granting of a summary judgment which favored the
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Takings, Tax

City’s summary judgment reversed and remanded under failure to address Patel due-course-of-law analysis; dismissal of all other constitutional challenges to utility late fee ordinance affirmed

Gatesco Q.M. Ltd d/b/a Quail Meadows Apartments, a Texas Limited Partnership v. City of Houston, 14-14-01017-CV (Tex. App— Houston [ 14th Dist.], October 20, 2016) In this case the 14th Court of Appeals affirmed-in-part and reversed-in-part the granting of the City’s summary
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Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

Plaintiff’s expert created fact issue as to officer’s recklessness preventing the granting of City’s plea to the jurisdiction

Bay City, Texas v. Wade McFarland, 13-15-00122-CV (Tex. App— Corpus Christi, October 13,2016) This is a Texas Tort Claims Act case involving an automobile accident where the Corpus Christi Court of Appeals affirmed the denial of the City’s plea to the jurisdiction.
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Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

Since volunteer firefighter is not an employee, no waiver of immunity exists for his car accident

Freer Volunteer Fire Department v. April Wallace, Individually and Next Friend of Gabriella Wallace, 04-16-00373-CV (Tex. App— San Antonio, October 5,2016) This is a Texas Tort Claims Act case where the involving a volunteer fire department and whether an individual is a
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Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Litigation, Procedure

City not required to adopt formal criteria for non-consent tow list and may consider intangible/subjective factors

 Integrity Collision Center v. City of Fulshear, No. 15-20560 ( 5th Cir. September 20,2016) This is an injunction case where a tow-truck company sued to compel the City to include it in the City’s non-consent tow list. The U.S. Court of Appeals
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