Agency, Constitutional Challenge, Litigation, Sec. 1983, Takings

U.S. 5th Circuit holds property owner’s federal Clean Water Act claim against Town for improper discharge was proper due to lack of comparable state regulation

Stringer v. Town of Jonesboro, 20-30192 (5th Cir. Jan. 18, 2021) In this §1983 taking suit and federal Clean Water Act (“CWA”) case, the U.S. 5th Circuit held the Plaintiff’s §1983 suit for damages due to sewage backup was barred, but not
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Sec. 1983, Sovereign Immunity, TTCA

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 interlocutory appeal from the trial court’s order granting the City’s motion to dismiss, plea to the jurisdiction, and traditional motion
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Constitutional Challenge, Employment Law, Litigation, Retaliation, Sec. 1983, Whistleblower

The Ninth Court of Appeals affirmed judgment for City in First Amendment/Whistleblower claims since no causal connection was present

Special contributing author Laura Mueller, City Attorney for Dripping Springs Samer Shobassy v. City of Port Arthur, No. 09-18-00363-CV (Tex. App.—Port Arthur  November 19, 2020) (mem. op.). In this appeal from a trial court’s judgment dismissing the plaintiff’s retaliation-in-employment case.  The Beaumont
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Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Litigation, Procedure, Sec. 1983

The U.S. Fifth Court of Appeals held plaintiffs had standing to challenge zombie law provision in charter despite the election being over.   

Special contributing author Laura Mueller, City Attorney for Dripping Springs Joe Richard Pool, III, et al. v. City of Houston, et al., No. 19-20828 (5th Cir.  October 23, 2020). In this appeal from a trial court’s dismissal of an election case.   The
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Sec. 1983

U.S. 5th Circuit holds Plaintiff students established standing to assert University’s student speech policies on harassments and rudeness are unconstitutional

Speech First, Inc. v. Fenves, 19-50529 (5th Cir. Oct. 28, 2020) This is a First and Fourteenth Amendment free speech case in a university setting. The U.S. 5th Circuit Court of Appeals reversed the dismissal of the plaintiffs’ claims and reinstated the
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Constitutional Challenge, Litigation, Procedure, Sec. 1983

Officers’ and City’s appeal dismissed by U.S. 5th Circuit because their dismissal “with prejudice” argument inapplicable when inmate could still get conviction reversed

Kerry Max Cook v. City of Tyler, Texas, et al., 19-40144, 2020 WL 5268509 (5th Cir. Sept. 4, 2020) This is an appeal and cross-appeal from a dismissal of Cook’s §1983 claim seeking damages suffered from a series of wrongful prosecutions, convictions,
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Constitutional Challenge, Discrimination, Employment Law, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983, Sovereign Immunity, TTCA

The First Court of Appeals held employment discrimination claims cannot be brought under the TCHRA in state court where the same claims were previously dismissed in federal court.     

  Special contributing author Laura Mueller, City Attorney for Dripping Springs Suran Wije v. David A. Burns and Univ. of Texas, No. 01-19-00024-CV (Tex. App.—Houston [1st Dist.] September 3, 2020) (mem. op.). In this employment discrimination claim, the plaintiff sued a University
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Constitutional Challenge, Sec. 1983, Sign Regulation

The U.S. Fifth Circuit Court of Appeals held that sign ordinances cannot treat off-premise and on-premise signs differently if the regulation of such signs includes regulation non-commercial content. 

Special contributing author Laura Mueller, City Attorney for Dripping Springs Reagan Nat’l Advertising of Austin, Inc.; Lamar Advantage Outdoor Co. v. City of Austin, No. 19-50354 (5th Cir. August 25, 2020). In this First Amendment sign case, the U.S.  Fifth Circuit held
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Constitutional Challenge, Declaratory Judgments, Injunction, Sec. 1983, Sovereign Immunity

Fort Worth Court of Appeals holds trial court lacked jurisdiction involving school district’s disciplinary decision

This is an interlocutory appeal from the denial of a plea to the jurisdiction filed by Northwest Independent School District. Plaintiffs sued Northwest ISD on behalf of their minor child, C.R., seeking a temporary restraining order and injunctive relief based on the
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