Sovereign Immunity, TTCA

Plaintiff properly alleged premise defect claim for valve cover protruding through worn roadway but failed to establish waiver under any other theory

The City of Beaumont v. Raul Isern, 09-19-00451-CV, (Tex. App – Beaumont, Aug. 13, 2020) This is an interlocutory appeal from the denial of a plea to the jurisdiction in a personal injury/premise defect case. The Beaumont Court of Appeals affirmed in part and reversed in part. Plaintiff Isern asserts he was injured when he […]

Discrimination, Employment Law, Litigation, Procedure, Retaliation

Corpus Christi Court of Appeals held plaintiff can circumvent TWC for retaliation claim so long as underlying claim is based on TWC complaint

Special contributing author Laura Mueller, City Attorney for Dripping Springs Donna Indep Sch. Dist.. v. Cynthia Castilla, 13-19-00395-CV (Tex. App.—Corpus Christi, August 13, 2020) (mem.op.). In this employment discrimination and retaliation case, the plaintiff brought some claims that occurred outside of the required 180-day lookback under the Texas Labor Code but was able to bring […]

Contracts, Employment Law, Litigation, Procedure

Austin Court of Appeals held that a plaintiff has to allege recoverable damages to waive governmental immunity for breach of contract under Chapter 271 of the Local Government Code.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Robert Lee Fitzsimmons, Jr. v. Killeen Indep. Sch. Dist., 03-19-00535-CV (Tex. App.—Austin, August 14, 2020). In this governmental immunity case, the Austin Court of Appeals dismissed the case against the School District because the plaintiff failed to allege recoverable damages for breach of contract (Chapter […]

Contracts, Sovereign Immunity, TTCA

Waco Court of Appeals held that a contract for a Water District to provide water services to a customer is not a contract that waives governmental immunity under Chapter 271 of the Local Government Code.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Mclennan County Water Control and Improvement Dist. v. Matthew and Rachel Geer, et. al, 10-17-00399-CV (Tex. App.—Waco, July 22, 2020). In this governmental immunity case, the Waco Court of Appeals dismissed the case against the Water District because the plaintiff failed to allege a cause […]

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

Fourth Court of Appeals holds no jurisdiction exists for ex-councilmember to sue after office was declared forfeit for charter violations – quo warranto is exclusive remedy

City of Leon Valley v Martinez, 04-19-00879-CV (Tex. App. — San Antonio, August 19, 2020) This is a suit by an ousted city council member to recover his position. The San Antonino Court of Appeals held the exclusive remedy in this situation was a quo warranto lawsuit brought by the State. After the City received […]

Discrimination, Employment Law, Litigation, Procedure, Retaliation

Houston First Court of Appeals holds that a School’s participation in discovery does not waive its governmental immunity.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Democratic Schools Research, Inc. d/b/a The Brazos School for Inquiry and Creativity v. Tiffany Rock, 01-19-00512-CV (Tex. App.—Houston [1st Dist.], Aug. 4, 2020). In this employment discrimination case, the Houston First Court of Appeals overturned a trial court’s denial of a plea to the jurisdiction […]

Constitutional Challenge, Declaratory Judgments, Health and Safety, Sec. 1983, Sovereign Immunity, Takings

Waco Court of Appeals holds an allegation of overzealous code enforcement actions is inadequate to establish a substantive due process violation when regulations are enforceable.

Special contributing author Laura Mueller, City Attorney for Dripping Springs House of Praise Ministries, Inc. v. City of Red Oak, Texas, 10-19-00195-CV (Tex. App.—Waco, Aug. 6, 2020). In this substantive due process case, the Waco Court of Appeals affirmed a trial court’s grant of a plea to the jurisdiction because the plaintiff did not bring […]

Employment Law, Litigation, Sovereign Immunity

School District can raise immunity for first time on appeal says 13th Court of Appeals

Special contributing author Laura Mueller, City Attorney for Dripping Springs Josephine Martinez v. Mathis ISD, 13-18-00495-CV (Tex. App.—Corpus Christi, July 30) (mem. op.). In this action for back wages, the Court of Appeals held that the plaintiff did not allege a waiver of governmental immunity and so reversed the trial court’s monetary judgment in favor […]

Attorney Fees, Constitutional Challenge, Employment Law, Litigation, Sec. 1983

Attorney fees awards in favor of a defendant are not an abuse of discretion where the plaintiff does not make a prima facie case of his claims.

Special contributing author Laura Mueller, City Attorney for Dripping Springs Carl Frederick Rickert, III v. Kayla S. Meade and City of Bonham, 06-02-00002-CV (Tex. App.—Texarkana, July 30) (mem. op.). In this § 1983 case on an attorney fees award, the Court of Appeals upheld the trial court’s grant of attorney fees in favor of the […]

Litigation, Sovereign Immunity, TTCA

Under the Texas Tort Claims Act, injury to self by suicide is a foreseeable injury under the motor-vehicle waiver of immunity when officer did not properly fasten a seatbelt of a detainee 

Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Austin  v. Sayeed Anam, et al., 03-19-00294-CV (Tex. App.—Austin, July 30, 2020) (mem. op.). In this Texas Tort Claims Act, the Court of Appeals upheld the trial court’s denial of the City’s plea to the jurisdiction for the death of an arrestee by […]