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    • Brenna Green
    • Jessica Mabs Johnson
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Category: Official/Qualified Immunity

August 20, 2022Litigation, Official/Qualified Immunity

Employee not entitled to official immunity as asserted in summary judgement

University of the Incarnate Word v. Valerie Redus, et al., No.04-21-00115-CV, (Tex.App.—San Antonio, July 29, 2022) This appeal stems from a deadly […]

March 27, 2022Constitutional 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 […]

March 1, 2022Litigation, 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 […]

February 22, 2022Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

Texas Supreme Court holds officer entitled to official immunity for turning on his lights.

  City of San Antonio v Riojas, 20-0293 (Tex. Feb. 18, 2022) The Texas Supreme Court held an officer who turned his […]

February 1, 2022Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

14th Court of Appeals holds officer was not entitled to official immunity – proper focus is on the actions which caused the plaintiff’s injury, not on the overall investigation the officer was performing

Nicholas Hulick v. City of Houston, 14-20-00424-CV  (Tex. App. Houston [14th Dist.], Feb. 1, 2022) This is a Texas Tort Claims Act […]

August 30, 2021Litigation, Official/Qualified Immunity, Procedure, Search and Seizure, Sec. 1983, Sovereign Immunity, TTCA

Pro se appellant could not prevail on summary judgment appeal when he failed to appeal each ground for summary judgment.

   Special contributing author Laura Mueller, City Attorney for Dripping Springs Elezar Balli v. Officer Florentino Martinez, et al., No. 14-20-00030-CV (Tex. […]

August 5, 2021Constitutional Challenge, Litigation, Official/Qualified Immunity, Sec. 1983, Sovereign Immunity, TTCA

Eastland Court of Appeals holds deputies entitled to qualified immunity after takedown broke suspects jaw as video did not show constitutional level violations

Peter Klassen v. Gaines County, Texas, and Gaines County Deputy Sheriffs Ken Ketron and Clint Low, 11-19-00266-CV (Tex.App.—Eastland July 15, 2021) This […]

March 25, 2021Constitutional 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 […]

January 22, 2021Constitutional Challenge, Litigation, Official/Qualified Immunity, Sec. 1983, Sovereign Immunity, TTCA

Beaumont Court of Appeals holds City is not liable for alleged failure to create a police report, failure to investigate, or failure to prosecute as asserted by Plaintiff

Caryn Suzann Cain v. City of Conroe, Tex., et al., 09-19-00246-CV, 2020 WL 6929401 (Tex. App.—Beaumont Nov. 25, 2020)  This is an […]

November 30, 2020Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

Beaumont Court of Appeals held Plaintiff failed to overcome emergency responder exception under Texas Tort Claim Act in vehicle accident case

Texas Dept. of Pub. Safety v. Kendziora, 09-19-00432-CV (Tex.App.—Beaumont, Nov. 5, 2020) This is an interlocutory appeal from the denial of Texas […]

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