Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Injunction, Litigation, Procedure, Ultra Vires

Austin Court of Appeals holds that under the Civil Service Act applied to police officers, a reinstatement list must factor in seniority in the position being demoted and not seniority in the department

Bradley Perrin v. City of Temple, et al, 03-18-00736-CV, (Tex. App – Austin, Nov. 6, 2020) This is an employment dispute in a civil service police department with crossclaims and a host of procedural matters. The Austin Court of Appeals ultimately held the Plaintiff was entitled to the promotional position of corporal. Perrin and Powell […]

Constitutional Challenge, Declaratory Judgments, Elections, Injunction, Litigation, Procedure, Sec. 1983

The U.S. Fifth Court of Appeals held plaintiffs had standing to challenge zombie law provision in charter despite the election being over.   

Special contributing author Laura Mueller, City Attorney for Dripping Springs Joe Richard Pool, III, et al. v. City of Houston, et al., No. 19-20828 (5th Cir.  October 23, 2020). In this appeal from a trial court’s dismissal of an election case.   The U.S. Fifth Circuit reversed the trial court’s dismissal and held that the plaintiffs […]

Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Sec. 1983

U.S. 5th Circuit holds Plaintiff students established standing to assert University’s student speech policies on harassments and rudeness are unconstitutional

Speech First, Inc. v. Fenves, 19-50529 (5th Cir. Oct. 28, 2020) This is a First and Fourteenth Amendment free speech case in a university setting. The U.S. 5th Circuit Court of Appeals reversed the dismissal of the plaintiffs’ claims and reinstated the case. Speech First, Inc., (“Speech First”) is an organization of free-speech advocates which […]

Discrimination, Employment Law, Litigation, Procedure, Retaliation, Sovereign Immunity

14th District Court of Appeals holds all elements of a circumstantial-evidence retaliation claim (including pretext) are jurisdictional, plus court lacked jurisdiction over Plaintiff’s discrimination claim

    Margaret Fields v. Houston Indep. Sch. Dist., 14-19-00010-CV (Tex. App.—Houston [14th Dist.] Oct. 15, 2020) This is an employment discrimination and retaliation case where the Houston Court of Appeals (14th Dist.) affirmed the granting of the school district’s plea to the jurisdiction. Fields enrolled as a teacher intern in the Houston Independent School […]

Board of Adjustment, Declaratory Judgments, Land Use, Litigation, Sovereign Immunity, Takings, Vested Rigths, Zoning

Property owner failed to allege Ch. 211 or 245 claims for zoning change; failure-to-exhaust-remedies bar applied to inverse-condemnation claim

  City of Dickinson v Stefan, 14-18-00778-CV, (Tex. App. – Houston [14th Dis.], Oct. 27, 2020) Stefan operated his home computer business in a residential zone, but allowed his church group to host events, including weddings on the property.  The City changed later changed the zoning code and created a registration process for non-conforming uses. […]

Constitutional Challenge, Employment Law, Litigation, Official/Qualified Immunity, Procedure

U.S. 5th Circuit holds qualified immunity applies in university disciplinary hearings where the outcome depends on the credibility of a witness

U.S. 5th Circuit holds qualified immunity applies in university disciplinary hearings where the outcome depends on the credibility of a witness Ralph Clay Walsh, Jr. v. Lisa Hodge, et al., 19-10785, 2020 WL 5525397 (5th Cir. Sept. 15, 2020) This is an appeal from Walsh’s §1983 claim alleging a violation of procedural due process in […]

Litigation, Procedure, Sovereign Immunity, TTCA

Plaintiff failed to allege breach of heightened burden under Recreational Use Statute, but should be given opportunity to amend holds Fort Worth Court of Appeals

The City of Fort Worth v. Wesley Rust, 02-20-00130-CV (Tex. App. – Fort Worth, Oct. 22, 2020) This is an interlocutory appeal from the denial of a plea to the jurisdiction in a Texas Tort Claims Act (“TTCA”)/Recreational Use Statute (“RUS”) case. Plaintiff Rust was injured at a municipal golf course when his city-owned golf […]

Litigation, Procedure

The Eighth Court of Appeals dismissed a pro se appellant’s case because the appellant failed to file a reporter’s record and the appellant’s briefing was fatally inadequate. 

Special contributing author Laura Mueller, City Attorney for Dripping Springs Claudia Brown, Justice of the Peace for Precinct 4, Place #1 v. State of Texas, No. 08-19-00110-CV (Tex. App.—El Paso October 12, 2020). In this appeal from an elected official removal case, the pro se appellant appealed from her removal by the trial court for […]

Constitutional Challenge, Declaratory Judgments, Employment Law, Finance

First District holds county attorney could not bring suit against commissioner’s court for budget policies

Hobbs, Williamson County Attorney v. Dan A. Gattis, et. al., 01-19-00025-CV (Tex. App. – Houston [1st Dist.], Oct. 15, 2020). This is a declaratory judgment case where the First District Court of Appeals affirmed the dismissal of the County Attorney’s challenge to a commissioner court policy regarding the budget. Hobbs, acting in his official capacity […]

Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Procedure, Sovereign Immunity

San Antonio Court of Appeals holds forfeited councilmember can only seek reinstatement through quo warranto proceeding

  City of Leon Valley v. Benny Martinez, 04-19-00879-CV (Tex. App. – San Antonio, August 19, 2020, no pet. h.) This is a council forfeiture case which the San Antonio Court of Appeals held could only be brought in a quo warranto proceeding. Section 3.12 of the city charter describes the procedures for council investigations. […]