Declaratory Judgments, Injunction, Litigation, Mandamus, Procedure, Sovereign Immunity

Texas Supreme Court holds the law requires more than conclusory references to the statute’s elements in order to waive immunity

Patrick Von Dohlen, et. al., v City of San Antonio, 20-0725 (Tex. April 1, 2022) This is a declaratory judgment – statutory cause of action case brought against the City of San Antonio (“City”) for violating Chapter 2400 of the Texas Government Code. The Texas Supreme Court held the Plaintiffs failed to allege a proper […]

Constitutional Challenge, Litigation, Official/Qualified Immunity, Search and Seizure, Sec. 1983

US 5th Circuit held officer entitled to qualified immunity due to suspects resisting placement in vehicle

Craig, et al. v. Martin, 19-10013, (5th Cir. Feb. 15, 2022) Special guest author: Joshua Galicia, Law Offices of Ryan Henry, PLLC This Fifth Circuit appeal stems from a series of §1983 claims, all of which were dismissed under the appellant’s motion for summary judgment except the officer’s assertion of qualified immunity for the excessive […]

Litigation, Official/Qualified Immunity, Sec. 1983

Fifth Circuit holds that there is no per se rule permitting pressure placed on a resisting suspect’s back and that reasonableness of use of force can change in a single interaction

Vicki Timpa, et al. v. Dustin Dillard, et al., 20-10876, 2021 WL 5915553 (5th Cir. Dec. 15, 2021) Special guest author Joshua Galicia This is a §1983 excessive force and bystander liability case appealed from the District Court of the Northern District of Texas wherein the district court granted appellees’ motion for summary judgment, dismissing […]

Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

Texas Supreme Court holds officer entitled to official immunity for turning on his lights.

  City of San Antonio v Riojas, 20-0293 (Tex. Feb. 18, 2022) The Texas Supreme Court held an officer who turned his lights on to warn motorists of a traffic slowdown was entitled to official immunity. Officer Tristan noticed a traffic slowdown and turned on his lights to warn motorists behind him.  Tristan observed a […]

Litigation, Sovereign Immunity, TTCA

In police pursuit case, Texas Supreme Court holds 1) deviation from policy waives immunity only if lights or sirens are required, 2) officer exceeding the speed limit is part and parcel of a police chase and not not inherently reckless and 3) no independent waiver of immunity for negligent implementation of policy

  City of San Antonio v Maspero, et al. 19-1144 (Tex. Feb. 18, 2022) This is a Texas Tort Claims Act (“TTCA”) vehicle accident case where the Texas Supreme Court dismissed the Plaintiffs’ claims for lack of jurisdiction. Plaintiffs contend that their injuries arose from a San Antonio police officer’s vehicular pursuit of a fleeing […]

Litigation, Procedure, Sovereign Immunity, TTCA

The emergency exception to the Tort Claims not grounds for jurisdictional plea when factual disputes exist regarding an officer’s recklessness

Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Houston v. Crystal Green, No. 14-20-00190-CV (Tex. App.—Houston [14th Dist.] Jan. 11, 2022) (mem. op.). In this appeal from a trial court’s denial of the city’s motion for summary judgment, the city argued that it retained its immunity from suit under the emergency […]

Litigation, Procedure, Public Works, TTCA

Fort Worth Court of Appeals held plaintiffs’ pleadings defective in flood/drowning case but remanded to allow plaintiffs to replead

City of Fort Worth v. Soledad Alvarez, et al. 02-20-00408-CV  (Tex. App. – Fort Worth, February 10, 2022) This is a Texas Tort Claims Act (“TTCA”) vehicle accident case where the Fort Worth Court of Appeals agreed jurisdiction was not pled or presented but remanded for an opportunity to cure the pleading. Romero was traveling […]

Agency, Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Litigation, Procedure

Fort Worth Court of Appeals affirms trial court’s authority under Civil Service Act to vacate a hearing examiner award, remand for a rehearing, and require a separate hearing examiner

Shea O’Neill v. City of Fort Worth, 02-21-00214-CV (Tex. App. – Fort Worth, Feb 3, 2022) This is a civil service case (which has already gone up and down the appellate ladder) where the Fort Worth Court of Appeals affirmed the trial court’s ability to order a substituted hearing examiner in an appeal from an […]

Agency, Civil Service/Collective Bargaining, Employment Law, Litigation

Beaumont Court of Appeals reinstates arbitrator award for City in civil service termination.

  City of Beaumont, Texas v. James Mathews, 09-20-00053-CV (Tex. App. – Beaumont, Feb. 3, 2022) This is a civil service/collective bargaining/arbitrator appeal (which has gone up and down the court of appeals route already) where the Beaumont Court of Appeals reversed the trial court’s order and reinstated the arbitrator’s award. [Comment: warning, this is […]

Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

14th Court of Appeals holds officer was not entitled to official immunity – proper focus is on the actions which caused the plaintiff’s injury, not on the overall investigation the officer was performing

Nicholas Hulick v. City of Houston, 14-20-00424-CV  (Tex. App. Houston [14th Dist.], Feb. 1, 2022) This is a Texas Tort Claims Act (“TTCA”)/ vehicle accident case where the Fourteenth District reversed the granting of the City’s plea to the jurisdiction based on the official immunity of its officer. Officer Andrew De La Guardia responded to […]