Constitutional Challenge, Declaratory Judgments, Health and Safety, Sec. 1983, Sovereign Immunity, Takings

Waco Court of Appeals holds an allegation of overzealous code enforcement actions is inadequate to establish a substantive due process violation when regulations are enforceable.

Special contributing author Laura Mueller, City Attorney for Dripping Springs House of Praise Ministries, Inc. v. City of Red Oak, Texas, 10-19-00195-CV (Tex. App.—Waco, Aug. 6, 2020). In this substantive due process case, the Waco Court of Appeals affirmed a trial court’s
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Attorney Fees, Constitutional Challenge, Employment Law, Litigation, Sec. 1983

Attorney fees awards in favor of a defendant are not an abuse of discretion where the plaintiff does not make a prima facie case of his claims.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Carl Frederick Rickert, III v. Kayla S. Meade and City of Bonham, 06-02-00002-CV (Tex. App.—Texarkana, July 30) (mem. op.). In this § 1983 case on an attorney fees award, the Court of
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Constitutional Challenge, Declaratory Judgments, Injunction, Sec. 1983, Separation of Powers

U.S. 5th Circuit holds a board reprimand against an elected official for speech on a matter of public concern is an actionable First Amendment claim under § 1983.

  Wilson v. Houston Community College System, 19-20237 (U.S. 5th Cir. April 7, 2020) This is a First Amendment/§1983 case where a former member of the board of trustees claimed the College censured him in violation of his First Amendment Rights. The
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Agency, Board of Adjustment, Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Litigation, Procedure, Sec. 1983, Sovereign Immunity, Structural Standards, Tax, TOMA, Zoning

BOA appeal deadline of 10 days applies to Open Meetings, declaratory judgment, and as-applied constitutional claims, holds Dallas Court of Appeals

Tejas Motel, LLC v City of Mesquite, by and through its Board of Adjustment, 05-19-00667-CV (Tex. Civ. App. – Dallas, June 4, 2020). This is an appeal from a Board of Adjustment decision regarding non-conforming status in which the Dallas Court of
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Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

Possible suspension of officer’s license does not toll the statute of limitations for Sec. 1983 claims against an officer

Haule  v.  Travis County and Spinner, No.  03-19-00250-CV (Tex.App.–Austin May 28, 2020) (mem. op.). [Special guest summary author Laura Mueller, City Attorney for Dripping Springs, Texas] This case involves claims under §1983 and state law claims based on Haule’s attempt to report
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Constitutional Challenge, Sec. 1983

U.S. 5th Circuit holds statute of limitations was not jurisdictional, but trial judge should have reviewed matters raised at pretrial hearing under MSJ standards and dismissed the claims

Bradley v. Sheriff’s Department St. Landry Parish, 18-30600, (US 5th Cir – May 7, 2020) This is a §1983/malicious prosecution case where the U.S. 5th Circuit dismissed a defendant’s claims against the law enforcement and related officials who prosecuted him. Bradley was
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Declaratory Judgments, Injunction, Official/Qualified Immunity, Religious Freedom, Sec. 1983, Sovereign Immunity

U.S. 5th Circuit adopts 1st Amendment unbridled discretion/prior-restraint standards in federal suit against Texas Governor

Freedom from Religion Foundation, Inc. v. Greg Abbott Governor of the State of Texas, 18-50610, (5th Cir – April 3, 2020) This is a First Amendment case regarding immunity and viewpoint discrimination where the U.S. 5th Circuit adopted a specific prior restraint
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Attorney Fees, Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

14th Court of Appeals reverses jury award in excessive force case against County, but upholds portion against deputy

Harris County, et al, v Coats, et.al, 14-17-00732-CV, (Tex. App. — Houston [14th Dist.], February 6, 2020) This is a § 1983/wrongful death case where the 14th Court of Appeals reversed in part a jury award against the County and its deputy.
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Constitutional Challenge, Employment Law, Litigation, Official/Qualified Immunity, Retaliation, Sec. 1983

Supervisor entitled to qualified immunity as to one suspended employees 1st Amendment claim but not the other

Benfield v. Magee, 18-30932, (U.S. 5th Cir. December 17, 2019) This is a First Amendment in employment action where the U.S. 5th Circuit reversed the denial of the individual supervisor’s qualified immunity defense and dismissed the claims as to one employee, but
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