Constitutional Challenge, Sec. 1983, TTCA

Fort Worth Court of Appeals holds trial court lacked jurisdiction to hear civil lawsuit for wrongful arrest/malicious prosecution since Plaintiff was convicted of 1 of 3 indictments

Nathaniel Washington v. City of Arlington Police Department, R. Walsh, Taylor Ferguson, Brian Salvant, and George Mackey 02-17-00337-CV (Tex. App — Fort Worth, Oct. 4, 2018) This is a civil rights and tort case where the Fort Worth Court of Appeals affirmed the dismissal of the Plaintiff’s claims. Washington was arrested on three outstanding warrants […]

Declaratory Judgments, Injunction, Mandamus, PIA

Order for City to release documents under PIA and certify compliance was not a “temporary injunction” entitling City to interlocutory appeal says Houston’s 1st District Court of Appeals

  City of Houston v Dolcefino  Communications, et al., 01-17-00979-CV (Tex. App. – Houston [1st Dist.], October 30, 2018 This is an interlocutory appeal in a Public Information Act (“PIA”) case where the First District Court of Appeals determined it lacked interlocutory jurisdiction. EcoHub was negotiating with the City to be a recycler for the […]

Contracts, Declaratory Judgments, Injunction, Public Works, Sovereign Immunity

Contract for sale of waste water to golf course is a governmental function and no waiver of immunity exists for breach claim

City of Merkel v Copeland, 11-16-00323-CV (Tex. App. — Eastland, October 18, 2018).  This is a governmental immunity/breach of contract claim where the Eastland Court of Appeals reversed the denial of the City’s plea to the jurisdiction.  The City entered into a contract with Tin Cup Country Club where the City would sell the waste […]

Employment Law, Litigation, Procedure

5th Court of Appeals hold “City Attorney’s Office” is not a jural entity which can be sued

Thompson v Dallas City Attorney’s Office, Cause 05-17-00847-CV (Tex. App. — Dallas, October 18, 2018) This is an employment dispute, but the main issues center on litigation procedures where the Dallas Court of Appeals affirmed the granting of the City’s motion for summary judgment.  Thompson is a former employee of the City.  She filed suit […]

Sovereign Immunity, TTCA

Supervisor at City operated summer day camp who accidentally hit minor in the eye with bat held not to be grossly negligent under recreational use statute

City of Conroe v. Tiffany Thomas, et al. 09-18-00215-CV (Tex. App. – Beaumont, October 11, 2018). This is a recreational use/ gross negligence case where the Beaumont Court of Appeals reversed the denial of the City’s plea to the jurisdiction and dismissed the claims. Thomas, on behalf of a minor, referred to as CC, sued […]

Litigation, Sovereign Immunity, TTCA

Husband’s testimony greasy area had cones, but warning was inadequate was enough to create fact issue on plea to the jurisdiction says 1st Court of Appeals in Houston

City of Houston v. Marion Crawford, 01-18-00179-CV (Tex. App. – Houston [1st Dist.], October 9, 2018) This is a premise defect case where the First District Court of Appeals in Houston affirmed the trial court order denying the City’s plea to the jurisdiction. Crawford, a United Airlines passenger, was on a layover in the Houston […]

Contracts, Declaratory Judgments, Litigation, Procedure

City and EDC established personal/specific jurisdiction over out-of-state financial institutions involved in failed EDC project

City of White Settlement, et al. v. Benjamin S. Emmons, and Source Capital, LLC, 02-17-00358-CV (Tex. App. – Fort Worth, September 27, 2018) While involving a governmental entity, this case is more about personal jurisdiction over an out-of-state financial institution involved in an EDC project.  It will likely only be of interest to litigators and […]

Constitutional Challenge, Litigation, Sec. 1983

U.S. 5th Circuit holds 1) IA and CID not required to share evidence and 2) disclosure of exculpatory evidence is a “trial” right, not a right before accepting a plea offer

Alvarez v City of Brownsville, 16-40772 (5th Cir. Sept. 18, 2018) This is a §1983/jail altercation case where the U.S. Court of Appeals for the 5th Circuit reversed a $2.3 million-dollar jury award and rendered judgment for the City. [Warning, opinion plus concurrences and dissents is a 61-page document.] Alvarez (who was 19 at the […]

Health and Safety, Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

Lack of due care finding by accident review board is evidence only of negligence, not recklessness under emergency responder exception to TTCA

Harris County v. George J. Spears, 14-17-00662-CV (Tex. App. – Houston [14th Dist.], September 25, 2018) This is an interlocutory appeal where the Fourteenth Court of Appeals reversed the denial of the County’s plea to the jurisdiction in this emergency responder/vehicular accident case and rendered judgment for the County. While responding to an emergency call […]