Constitutional Challenge, Employment Law, Retaliation, Sec. 1983

Employee unable to establish terminating supervisor was aware of First Amendment activity, so summary judgment for employer was proper

Kristi Dearman v. Stone County School District, 15-60506 (5th Cir. August 11,2016) This is a First Amendment and procedural due process employment case where the U.S. Fifth Circuit affirmed the granting of the employer’s summary judgment motion. Dearman was an employee of
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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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Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

Suspect unable to dispute officer’s evidence suspect reached towards waistband and perceived weapon so officer is entitled to immunity

 Salazar-Limon v. City of Houston 15-20237 (5th Cir. June 15th  2016) This is a §1983 excessive force case where the U.S. 5th Circuit affirmed the granting of an officer’s qualified immunity. Salazar was driving with three other men in his truck and
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Constitutional Challenge, Official/Qualified Immunity, Search and Seizure, Sec. 1983

Deputies entitled to qualified immunity, even though one testified his actions may be unconstitutional

Pratt v. Harris County 15-20080 (5th Circuit- May 3rd 2016) This is a §1983 excessive force case where the trial court granted the officer’s qualified immunity motions. The 5th Circuit affirmed. Pratt was involved in a minor traffic accident.  Upon arriving at
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Constitutional Challenge, Employment Law, Retaliation, Sec. 1983

U.S. Supreme Court holds, in matter of first impression, police officer is protected by 1st Amendment even though he did not engage in protected activity

Heffernan v. City of Paterson 14-1280 (U.S. April 26, 2016) This is a First Amendment in employment §1983 cause of action which appears to be a case of first impression. The United States Supreme Court held that even though a police officer
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

Deputies cannot use no-evidence summary judgment to argue qualified immunity defense in state court says Houston Court of Appeals for 14th District.

Sergeant Mary Haver and Deputy Constable Kevin Vailes, in their individually capacities v. Barbara Coats, et al. 14-15-00185-CV (Tex. App. – Houston [14th Dist.], April 12, 2016) This is a qualified immunity/excessive force case where the court held the individual constable deputies
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Constitutional Challenge, Employment Law, Litigation, Procedure, Sec. 1983, Sovereign Immunity, Ultra Vires

Tex. Gov’t Code Chapter 614 complaint procedures do not create a constitutional property interest to employment says U.S. 5th Circuit.

Stem v. Gomez No. 15-50264 (5th Cir. February 8, 2016) This is an appeal from a dismissal for failure to state a claim where the United States 5th Circuit Court of Appeals reversed in part and affirmed in part a constitutional claim
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