U.S. 5th Circuit holds officers violate due process rights if they fabricate evidence, even if the DA never brings charges and no trial occurs; however fact question exists as to fabrication

Cole v. Carson No. 14-10228 c/w No. 15-10045 (5th Cir. September 25, 2015), This is an excessive force/qualified immunity case where the U.S. Court of Appeals for the Fifth Circuit affirmed the denial of law enforcement officers’ qualified immunity motions.  However, the
Read More

City’s jurisdictional plea denied in case asserting City’s development agreement equates to contract zoning

City of Shavano Park v. Ard Mor, Inc., et al, 04-14-00781-CV (Tex. App. – San Antonio, July 29, 2015) This is an interlocutory appeal from the denial of a plea to the jurisdiction involving a challenge to an adjacent development agreement and
Read More

Bridge reconstruction which prevented property owner from turning is trailer into property was not a material or substantial impairment to access says First Court of Appeals

Darrell Church v. City of Alvin, Texas 01-13-00865-CV (Tex. App. – Houston [1st Dist.] June 25, 2015) In this inverse condemnation involving decrease access to a driveway entrance the Houston First District Court of Appeals affirmed the granting of the City’s plea
Read More

Fourth Court holds automatic stay in interlocutory appeal is not affected by removal time to federal court; discovery order was an abuse of discretion.

In re University of the Incarnate Word 04-15-00242-CV (Tex. App. – San Antonio, June 24, 2015) This is a mandamus case regarding discovery and will be in interest primarily for litigators. However, it addresses the interlocutory appeal and automatic stay provisions and
Read More