Employment Law, Procedure, Sovereign Immunity, Whistleblower

Fifth Circuit Court of Appeals holds trial court granting of plea to the jurisiction did not address amended pleadings

Trisa Crutcher (Trisa St. Clair) v City of Forth Worth, No. 05-22-00650-CV (Tex. App-Dallas, May 15,2023) In this case the Dallas Court of Appeals reversed the granting of the city’s plea to the jurisdiction under the Plaintiff’s Whistleblower cause of action. Trisa
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Civil Service/Collective Bargaining, Employment Law, Procedure, Sovereign Immunity

San Antonio Court of Appeals holds civil service protection does not allow applicants to appeal to district court who do not already fall under control of a specific commission

The City of San Antonio Fire Fighters’ and Police Officers’ Civil Service Commission; City of San Antonio v. Gabriel Saenz, 04-22-00347-CV (Tex.App. – San Antonio, April 27, 2023) This is a civil service/employment dispute where the San Antonio Court of Appeals determined
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Constitutional Challenge, Employment Law, Procedure

An F-5 general discharge is insufficient evidence of disparagement of character to require a name clearing hearing as part of termination of employment due process.

An F-5 general discharge is insufficient evidence of disparagement of character to require a name clearing hearing as part of termination of employment due process. Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Fort Worth v. Joel Fitzgerald,
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Agency, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity

Amarillo Court of Appeals holds AG had no jurisdiction to enforce specific gun sign against county

Waller County, Texas, et al. v. Ken Paxton, Texas Attorney General (Tex. App. — Amarillo, August 17, 2022) Ken Paxton, Attorney General of Texas, sued Waller County in 2016 asserting that the County was unlawfully attempting to prohibit licensed handgun owners carrying
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Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity

Texas Supreme Court holds the law requires more than conclusory references to the statute’s elements in order to waive immunity

Patrick Von Dohlen, et. al., v City of San Antonio, 20-0725 (Tex. April 1, 2022) This is a declaratory judgment – statutory cause of action case brought against the City of San Antonio (“City”) for violating Chapter 2400 of the Texas Government
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Litigation, Procedure, Sovereign Immunity, TTCA

The emergency exception to the Tort Claims not grounds for jurisdictional plea when factual disputes exist regarding an officer’s recklessness

Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Houston v. Crystal Green, No. 14-20-00190-CV (Tex. App.—Houston [14th Dist.] Jan. 11, 2022) (mem. op.). In this appeal from a trial court’s denial of the city’s motion for summary judgment,
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Agency, Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Litigation, Procedure

Fort Worth Court of Appeals affirms trial court’s authority under Civil Service Act to vacate a hearing examiner award, remand for a rehearing, and require a separate hearing examiner

Shea O’Neill v. City of Fort Worth, 02-21-00214-CV (Tex. App. – Fort Worth, Feb 3, 2022) This is a civil service case (which has already gone up and down the appellate ladder) where the Fort Worth Court of Appeals affirmed the trial
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