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 […]
Category: Official/Qualified Immunity
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]