Litigation, Sovereign Immunity, TTCA

Dallas Court of Appeals holds detour did not take excavation outside the normal use of the roadway, therefore plaintiff properly alleged a special defect

City of Irving, Texas v. Edwin Muniz, 05-21-00099-CV, (Tex. App – Dallas, Nov. 19, 2021) This is a premise defect/Texas Tort Claims Act (“TTCA”) case where the Dallas Court of Appeals affirmed the denial of the City’s plea to the jurisdiction. During
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Litigation, Procedure, Sovereign Immunity, TTCA

Trial court’s granting of City’s plea to the jurisdiction considered void because it should have issued its order in the separate case created by the plaintiff’s bill of review

 Clayton Richter, Dorothy Richter, and Jonathan Richter v. City of Waelder, Texas,13-20-00494-CV and 13-20-00495-CV, (Tex. App – Corpus Christi – Edinburg, August 12, 2021) This is a flooding case, but the opinion focused entirely on procedural problems where the Corpus Christi Court
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Litigation, 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. App.—Houston [14th Dist.] August 10, 2021) (mem. op.). In this appeal from a trial court’s summary judgment in favor of
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Constitutional 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 is an excessive force/§1983 case where the Eastland Court of Appeals affirmed the trial court’s granting of the County’s and
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