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Constitutional Challenge, Declaratory Judgments

Texas statute prohibiting carrying handguns in public held constitutional

June 1, 2013rhenry12598Leave a comment

National Rifle Association of America, Inc. v. McCraw, No. 12-10091 (5th Cir. May 21, 2013) This is a Second Amendment challenge to the Texas statute, Tex. Penal Code § 46.02(a), prohibiting non-military persons under the age of 21 from carrying handguns in
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Employment Law

Female officer’s retaliation and discrimination claims permitted to go forward against Louisiana State University.

June 1, 2013rhenry12598Leave a comment

Haire v. Louisiana State University Agricultural and Mechanical College,  No. 12-30290 (5th Cir. May 21, 2013) This is a gender discrimination case where Haire was a female major at the Louisiana State University (“LSU”) police department and alleges she was not promoted
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Declaratory Judgments, Sovereign Immunity, TTCA

Sovereign immunity bars declaratory and injunctive relief says 1st Court of Appeals

May 31, 2013rhenry12598Leave a comment

  Board of Trustees of Galveston Wharves v O’Rourke, NO. 01-10-01115-CV (Tex. App. Houston [1st Dist.] May 30, 2013). This is an interlocutory appeal from the denial of a plea to the jurisdiction arising out of claims for invasion of privacy, civil
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Sovereign Immunity, TTCA

Mere Involvement of property insufficient to waive immunity and information is not tangible property says 14th Court of Appeals

May 31, 2013rhenry12598Leave a comment

University of Texas Medical Branch at Galveston v Kai Hui Qi, NO. 14-12-00581-CV (Tex. App. – Houston [14th Dist.] May 30, 2013). This is a negligent use of tangible personal property case under the Texas Tort Claims Act (“TTCA”). Qi delivered a
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Commerce Clause, Constitutional Challenge, Declaratory Judgments, Public Works

Waste haulers have no standing to challenge City’s permit ordinance.

May 30, 2013rhenry12598Leave a comment

Cibolo Waste, Inc. v. City of San Antonio, No. 12-50153 (5th Cir. May 15, 2013) Several waste haulers challenged the City of San Antonio’s ordinance imposing a permit fee of $2,250 for each vehicle weighing over 7,000 pounds used to collect or
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Constitutional Challenge, Official/Qualified Immunity, Search and Seizure

Deputy not liable for false arrest, but potentially liable for excessive force says 5th Circuit.

May 24, 2013rhenry12598Leave a comment

Ramirez v. Jim Wells County, No. 11-41109 (5th Cir. May 15, 2013) This is an interlocutory appeal from the denial of qualified and official immunity for false arrest and excessive force claims brought against a Jim Wells County deputy under 42 U.S.C.
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TOMA

County potentially liable for Texas Open Meetings Act violations

May 24, 2013rhenry12598Leave a comment

Riley v. Commissioners Court of Blanco County, NO. 03-11-00276-CV, (Tex. App. – Austin May 23, 2013) This is a Texas Open Meetings Act (“TOMA”) violation case. The Blanco County Commissioners’ Court held three closed meetings which were tape recorded, after which the
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Constitutional Challenge, Litigation, Search and Seizure

City, police chief, and officer entitled to immunity from suspect’s false arrest claims.

May 24, 2013rhenry12598Leave a comment

John Flowers v. City of Diboll, et al, NO. 12-12-00107-CV (Tex. App – Tyler, March 22, 2013). This case involves governmental and qualified immunity of the City and a police officer arising out of an arrest of Flowers. Flowers did not get
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Declaratory Judgments, Land Use

Developers have standing to challenge City’s Fair Notice Ordinance under Chapter 245

May 23, 2013rhenry12598Leave a comment

San Antonio v Greater San Antonio Builders Ass., No. 04-12-00745-CV (Tex. App. – San Antonio, May 22, 2013) This is a declaratory judgment case challenging the City of San Antonio’s ordinance which requires a particular application be submitted before the City will
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Employment Law, Whistleblower

PD Commander’s Whistleblower Act claim revitalized by 14th Court of Appeals.

May 22, 2013rhenry12598Leave a comment

  Gray v City of Galveston, NO. 14-12-00183-CV, (Tex. App. Houston [14th Dist.] May 21, 2013). This is a Texas Whistleblower Act case, where a police lieutenant in Galveston alleges he was retaliated against for reporting the Chief of Police to the
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Recent Posts

  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims
  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle
  • First Court of Appeals says Sheriff properly alleged civil service commission violated TOMA

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  • Houston Court holds City failed to address invitee status as alleged by Plaintiff, so plea was properly denied under TTCA
  • Texas Supreme Court holds TTCA waives immunity for negligence per se claims

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