Agency, Attorney Fees, Declaratory Judgments, Litigation, Sovereign Immunity, Uncategorized

San Antonio Court of Appeals holds city ethics commission properly ruled complainant’s filing was frivolous and could award sanctions

Lakshmana Viswanath v. The City of Laredo, 04-20-00152-CV (Tex. App. – San Antonio, April 14, 2021) This is an appeal from a city ethics commission determination where the San Antonio Court of Appeals affirmed the commission’s finding but reversed the award of
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Constitutional Challenge, Litigation, Procedure, Sec. 1983

U.S. Fifth Circuit holds court can dismiss claims sua sponte when party has had ample opportunity to amend deficient pleadings

Anokwuru v. City of Houston, et al., No. 20-20295 (5th Cir. March 16, 2021) This is a racial discrimination/§1983 case where the U.S. Fifth Circuit Court of Appeals affirmed the district court’s Rule 12(b)(6) dismissal. The Houston Police Department was investigating an
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Litigation, Sovereign Immunity, TTCA

The emergency exception to the Tort Claims Act preserves immunity from car accident damages and injuries caused by a fire hose falling from a fire truck en route to a fire.   

  Special contributing author Laura Mueller, City Attorney for Dripping Springs Nathan White v. City of Houston, No. 01-20-00415-CV (Tex. App.—Houston  March 25, 2021). In this appeal from a trial court’s holding that the city retained immunity under the emergency exception to
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Sec. 1983

U.S. Supreme Court holds officers “seized” suspect by shooting her even if the suspect was still able to flee and escape.

Torres v Madrid, et al., No. 19–292. (U.S. March 25, 2021) This is an excessive force/§1983 case where the U.S. Supreme Court held the proper inquiry into a “seizure” by excessive force (i.e. gunshots) is whether the challenged conduct objectively manifests an
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Constitutional Challenge, Discrimination, Employment Law, Litigation, Retaliation, Sec. 1983

U.S. Fifth Circuit holds former police officer failed to establish same-sex sexual harassment by supervisor even under recent Bostock decision

Brandy Newbury v City of Windcrest, Texas, 20-50067 (5th Cir. March 22, 2021) This is an employment discrimination case where the U.S. Fifth Circuit Court of Appeals affirmed the granting of the City’s motion for summary judgment. Brandy Newbury was a police
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Litigation, Procedure, Sovereign Immunity, TTCA

San Antonio Court of Appeals holds receipt of payment or exclusive use of premises are not substantial factors to determine invitee status under TTCA for premise defect case

City of San Antonio v. Nadine Realme, 04-20-00119-CV (Tex.App.—San Antonio, March 17, 2021) This is a Texas Tort Claims Act (“TTCA”) case where the Plaintiff alleges a premises defect claim against the City. The Court of Appeals reviewed the denial of the
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Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Litigation, Preemption, Sovereign Immunity

San Antonio Court of Appeals holds City’s “Paid Sick Leave” ordinance was preempted by state law

Washington et al. v. Associated Builders & Contractors of South Texas, Inc., et al., 04-20-00004-CV (Tex. App.—San Antonio, March 10, 2021). In this case, the Fourth Court of Appeals considered the legality of San Antonio’s paid sick leave (PSL) ordinance. The Court
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