Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. Supreme Court holds officer entitled to qualified immunity after shooting fleeing suspect in high-speed chase

Mullenix v. Luna 14-1143, 2015 WL 6829329 (U.S. Nov. 9, 2015) The U.S. Supreme Court issued this qualified immunity case in a police chase/§1983 lawsuit granting the officer involved immunity for shooting a fleeing suspect. When officers in Tulia Texas attempted to
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

Officers entitled to qualified immunity after issuing no-trespass order prohibiting individual from entering City Hall

Vincent v. City of Sulphur No. 15-30182 (5th Cir. October 28, 2015) This is a §1983 lawsuit where the U.S. Court of Appeals for the Fifth Circuit granted qualified immunity to police officers who issued a no trespass warning to an individual
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

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
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Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. Supreme Court holds pretrial detainees suit under Due Process clause is analyzed under objective reasonableness standard only

Kingsley v. Hendrickson 14-6368 (U.S. June 22, 2015) This is an excessive force case where the U.S. Supreme Court held the subjective awareness of individual officers was not relevant but the jury could have been confused by the instruction. [Comment: the officers
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Constitutional Challenge, Contracts, Official/Qualified Immunity, Sec. 1983, Sovereign Immunity, Uncategorized

U.S. 5th Circuit holds school district not a proper RICO defendant, but former trustee is; former trustee not entitled to §101.106 immunity for bribery allegations

The Gil Ramirez Group, L.L.C. v. Houston Independent School District  13-20753 (5th Cir. May 18, 2015). This is a bribery and federal Racketeer Influenced Corrupt Organizations Act (“RICO”), claim case against the Houston Independent School District (“HISD”), a former HISD trustee (“Marshall”)
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Constitutional Challenge, Employment Law, Retaliation, Sec. 1983

Sgt. “rant” on Facebook about Chief was not speaking about matter of public concern, so no First Amendment protection says 5th Circuit.

Graziosi v. City of Greenville Mississippi, No. 13-60900 (5th Cir. January 9, 2015). This is a First Amendment employment retaliation case where the 5th Circuit affirmed the granting of the City’s summary judgment motion. Graziosi was a sergeant of 25 years with
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983, Sovereign Immunity, TTCA

Texas Supreme Court says Tort Claims Act dismissal does not affect amended pleadings which add sec. 1983 claims

TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES V. WATSON, et al. 12-0830 (Tex. January 9, 2015) This is a Texas Tort Claims Act case where the Texas Supreme Court holds that while individual employees are entitled to dismissal for tort claims, they
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Constitutional Challenge, Employment Law, Litigation, Official/Qualified Immunity, Retaliation, Sec. 1983

Mayor entitled to qualified immunity in First Amendment employment case; Police chief’s report to outside agency was not his action as a citizen but remained within his job duties

Gibson v. Kilpatrick, No. 12-60905 (5th Cir. December 11, 2014). This is a First Amendment in employment matter case where the 5th Circuit reversed the denial of the Mayor’s qualified immunity defense. Chief of Police Gibson reported Mayor Kilpatrick of Drew, Mississippi
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