Discrimination, Employment Law, Litigation

Former employee could not establish comparator for her “unique” but low level position so summary judgment was proper for Town

Morris v. Town of Independence; Michael Ragusa, 15- 30986 (5th Cir.  June28,2016) This is a racial discrimination in employment under 42 U.S.C. § 1981 where the 5th Circuit affirmed the granting of the Town’s summary judgment motion. Morris, an African-American woman, was
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Discrimination, Employment Law

Difference in severity of past criminal history meant comparator was not similarly situated for discrimination analysis says Dallas Court of Appeals

Noris Rogers v. Pearland Independent School District, 14-41115 (Tex. APP—Dallas, June 28, 2016) This is a race discrimination case where the Dallas Court of Appeals affirmed the granting of the employer’s summary judgment. Rogers, an African-American male, applied for employment as a
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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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Declaratory Judgments, Employment Law, Injunction, Ultra Vires

Chapter 614 written notice to police officer unnecessary when actions personally observed by chief of police says 1st District Court of Appeals

Peter J. Paske, Jr. v. Joel Fitzgerald, Individually and in His Official Capacity as Chief of Police of City of Missouri City, and the City of Missouri City, Texas 01-15-00631-CV (Tex. App.- Houston [1st Dist.], June 23,2016) This is a police officer
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Litigation, Sovereign Immunity, TTCA

Fort Worth Court of Appeals holds each defendant, including independent contractors, separately liable for TTCA statutory caps even for single injury

Michelle Rodriguez v Fort Worth Transportation Authority, et al. 02-14-00340-CV (Tex. App.- Fort Worth, June 24th 2016) This is a Texas Tort Claims Act (“TTCA”) case where a plaintiff in a wrongful death case sued multiple entities trying to exceed the TTCA’s
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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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