Mount Lemmon Fire District v Guido, et al., 17-587 (U.S. November 6, 2018). Firefighters sued the District asserting it violated the Age Discrimination in Employment Act. The parties disputed the language of the ADEA. The Fire District responded that it was too small to qualify as an “employer” under the ADEA, which provides: “The term […]
Timbs v Indiana, 17-1091 (U.S. February 20, 2019). Tyson Timbs pleaded guilty to possession of a controlled substance and conspiracy to commit theft. At the time of his arrest, police seized a vehicle Timbs had purchased for $42,000 with money he received from an insurance policy when his father died. The State sought civil forfeiture […]
City of Escondido v Emmons, 17-1660 (U.S. January 7, 2019) City of Escondido police received a domestic violence 911 call from Maggie Emmons. Officer Jake Houchin responded to the scene and reported Emmons had sustained injuries caused by her husband. The officers arrested her husband. Several weeks later, another domestic violence call was placed, but […]
Fort Bend County v Davis, 18-525, (U.S. June 3, 2019). Lois M. Davis filed a charge against her employer, petitioner Fort Bend County. Davis alleged sexual harassment and retaliation for reporting the harassment. While her EEOC charge was pending, Fort Bend fired Davis because she failed to show up for work on a Sunday and […]
Nieves, et al., v Bartlett, 17–1174 (May 28, 2019) In this First Amendment/retaliatory arrest/§1983 case the U.S. Supreme Court held the presence of probable cause eliminates the First Amendment claims as a matter of law. [Comment: warning this is a 48-page set of opinions, concurrences and dissents]. Bartlett was arrested by police officers Nieves and […]
County of El Paso, Texas v. Janice Baker, 08-18-00012-CV (Tex. App. – El Paso, May 31, 2019) This is an interlocutory appeal in a premise defect case where the El Paso Court of Appeals held the County was entitled to governmental immunity. While entering an elevator in the El Paso County Courthouse, Baker claims the […]
The University of Texas of the Permian Basin et al. v. Michael Banzhoff, 11-17-00325-CV (Tex. App. – Eastland, May 31, 2019). This is an ultra vires and abuse of process case where there Eastland Court of Appeals held the University of Texas at Permian Basin (UTPB) retained governmental immunity. UTPB hired Banzhoff as a golf […]
Tarrant County v Roderick Bonner, 18-0431 (Tex. May 24, 2019) This is an inmate Texas Tort Claims Act (TTCA) claim where the Texas Supreme Court held Tarrant County (County) was immune from liability for a defective chair while treating an inmate for his medical condition. A deputy accidently damaged the leg of a chair while […]
Dallas/Fort Worth International Airport Board v Vizant Technologies, 18-0059, (Tex. May 17, 2019). This is a governmental immunity defense in a breach of contract case where the Texas Supreme Court held Chapter 271 of the Texas Local Government Code did not waive immunity for the specific relief required under the contract. The Dallas/Fort Worth International […]
Ken Paxton, Attorney General of the State of Texas v. City of Dallas, 06-18-00095-CV, (Tex. App. – Texarkana, May 15, 2019). In this Texas Public Information Act (“PIA”) case, the Texarkana Court of Appeals held noncore attorney work product is confidential and not subject to public disclosure under the PIA. The City received seven PIA […]