Constitutional Challenge, Eminent Domain, Sovereign Immunity, Structural Standards, TTCA

Trial court properly dismissed subsequent purchaser’s TTCA and Takings claims after City demolished house

Jorge Rodriguez v. City of Fort Worth, 07-16-00037-CV (Tex.App. – Amarillo, December 8, 2017) This is a takings/condemnation and TTCA case where the Fort Worth Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Prior to Rodriguez’s ownership
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Constitutional Challenge, Official/Qualified Immunity, Search and Seizure, Sec. 1983

U.S. 5th Circuit holds fact question exists on qualified immunity between whether officer stepped in front of car to prevent escape, or was already in front of car and shot to defend himself

  Vann v. City of Southaven, 16-60561 (5th Cir. November 22, 2017). The U.S. Court of Appeals for the Fifth Circuit reversed the granting of summary judgment for the City and its officer in this police shooting and death case. Vann drove
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Official/Qualified Immunity, Sovereign Immunity, TTCA

Dallas Court of Appeals holdd officer did not establish official immunity because of fact question exists as to whether a reasonable officer would look both ways before entering an intersection

  City of Dallas v. Matthew A. Lamb, 05-16-01506-CV (Tex. App. – Dallas, December 4, 2017). This is an interlocutory appeal from the denial of the City’s plea to the jurisdiction in a police auto-accident case. The Dallas Court of Appeals affirmed
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Discrimination, Employment Law, Litigation, Procedure, Retaliation, Sovereign Immunity

Austin Court of Appeals holds ex-professor properly alleged disability and age discrimination claim even where there is no legal obligation to renew a term contract

  Texas State University v. Dr. Kathleen Quinn 03-16-00548-CV (Tex.App—— Austin, Texas November 29,2017) This is an interlocutory appeal from the denial of a plea to the jurisdiction in an employment-discrimination dispute where the Austin Court of Appeals affirmed the denial. Quinn
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Constitutional Challenge, Litigation, Sec. 1983

U.S. 5th Circuit holds disabled individual did not request accommodation from officers performing field sobriety test so cannot sue for disability discrimination

Windham v. Harris County 16-20686 (5th Cir. November 13, 2017) This is a §1983 suit where the U.S. 5th Circuit Court of Appeals affirmed the granting of the County and Deputy Sheriff’s summary judgment motion. Windham was arrested on suspicion of driving
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Annexation, Injunction, Mandamus, Separation of Powers

In annexation opposition, Dallas Court of Appeals opinion could result in trial courts using TOMA injunction provision to prevent legislative acts not yet up for vote

In Re: City of Mesquite, Texas 05-17-01303-CV (Tex.App— Dallas, November 14, 2017) In this original mandamus proceeding, the Dallas  Court of Appeals held the trial court did not abuse its discretion in granting certain injunctive relief prohibiting annexation in an extraterritorial  jurisdiction.
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Litigation, Procedure, Sovereign Immunity, TTCA

Since officer’s affidavit did not detail his evaluation as he approached intersection, 4th Court of Appeals holds city did not establish emergency response application to tort suit

City of San Antonio v. Patrick Torres and Johnnie Dears 04-17-00309-CV (Tex.app —— San Antonio, Texas November 15, 2017) This is a Texas Tort Claims Act (“TTCA”) case involving a vehicle accident where the San Antonio Court of Appeals affirmed the denying
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