Constitutional Challenge, Litigation, Procedure, Sec. 1983

U.S. Supreme Court holds PLRA does not have a “special circumstance” exception, but does require analysis of “available” administrative procedures for relief

Ross v Blake 15-339  (U.S. June 6, 2016) Slip Opinion This is a §1983 excessive force case, but its main focus is on the Prison Litigation Reform Act (“PLRA”) compliance. While transporting an inmate (Blake) to a segregation unit, a prison guard
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Board of Adjustment, Constitutional Challenge, Land Use, Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, Takings, Ultra Vires, Zoning

Trial court properly dismissed various claims brought against Board of Adjustment

Glen Sumner v. Board of Adjustments of City of Spring Valley Village, Texas; The City of Spring Valley Village Texas, Art Flores, and Rickie Prichard 14-15-00149-CV (Tex. App- Houston [14th Dist.], May 17th 2016). This is a board of adjustment and takings
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Constitutional Challenge, Eminent Domain, Litigation, Procedure, Structural Standards, Takings

Ordinance 30 day limitation to appeal BOA determination was not a statutory prerequisite, so trial court retained jurisdiction of takings claim

Nancy Wedgeworth v. City of Amarillo, et al. 07-15-00301-CV (Tex. App. – Amarillo, May 17, 2016) This is a structural standards case where the Amarillo Court of Appeals reversed the trial court’s granting of a plea to the jurisdiction. Wedgeworth owned a
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Discrimination, Employment Law, Health and Safety, Litigation, Procedure, Retaliation

County employee entitled to proceed with “regarded as” disability claim after completing treatment for tuberculosis; all other claims dismissed under plea to the jurisdiction

El Paso County, Texas v. Mary Lou Vasquez 08-15-00086-CV  (Tex. App.- El Paso, May 5th 2016) This is an employment discrimination/retaliation case where the El Paso Court of Appeals reversed in part and affirmed in part the denial of the County’s plea
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Civil Service/Collective Bargaining, Employment Law, Litigation, Procedure

Filing post-submission brief of hearing examiner’s opinion in a related civil service case was potentially an unlawful means of obtaining a hearing examiner opinion in second case says Austin Court of Appeals

Michelle Gish v. City of Austin, Texas 03-14-00017-CV (Tex. App.- Austin, May 11th 2016) This is a Civil Service Act case where the Third Court of Appeals reversed the granting of the City’s plea to the jurisdiction and remanded the case. Michelle
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Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

Employees failed to establish they were acting within course and scope of employment in defamation case so trial court properly denied motion to dismiss

Cordelia Moscrip, Michelle Stewart and Tracy Romero v. Maura Kraus 04-15-00734-CV (Tex.App.–San Antonio, April 27, 2016) This is a defamation case where the Fourth Court of Appeals denied an election of remedies dismissal for employees of the University of Texas Health Science
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