Sec. 1983 – Law Office Of Ryan Henry

February 3, 2023Agency, Constitutional Challenge, Mandamus, Sec. 1983, Sovereign Immunity, Uncategorized

Texas Supreme Court holds wrongfully imprisoned man could not bring federal claims after accepting Tim Cole Act funds from Comptroller

Brown v City of Houston, et al., 22-0256 (Tex, February 3, 2023) In response to a U.S. 5th Circuit certified question, the […]

May 4, 2022Constitutional Challenge, Declaratory Judgments, Land Use, Sec. 1983, Sign Regulation

U.S. Supreme Court holds Austin on-premise/off-premise sign regulation is content neutral

Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Austin, Texas v. Reagan Nat’l Advert. Of Austin, LLC., et […]

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 […]

November 28, 2021Constitutional Challenge, Litigation, Sec. 1983

U.S. 5th Circuit remands inmate’s sec. 1983 claims to evaluate whether prison disciplinary decision overlaps with excessive force claims

Gray v. White, 20-30218, (US 5th Cir – Nov. 17, 2021) This is a §1983/excessive force case where the U.S. Fifth Circuit […]

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 […]

April 2, 2021Constitutional Challenge, Litigation, Procedure, Sec. 1983