Court held City immune from Plaintiff’s negligent implementation/premise defect claims due to discretion in ordinances

Lois Morgan v. City of Terrell, Texas 05-16-00554-CV (Tex. App— Dallas, August 15, 2017) This is a premise liability/negligent policy implementation case where the Dallas Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Morgan sued the City after she fell on a sidewalk and alleged an unmarked ledge constituted a […]

References in medical records were insufficient to provide Texas Tort Claims Act notice of claim says Fort Worth Court of Appeals

University of North Texas Health Science Center v. Jessica Jimenez, Jennifer Galo, Catherine Frank, in Their Individual Capacities, and William Tyler II, as Independent Administrator of the Estate of Pamela J. Knight, Deceased, 02-16-00368-CV (Tex.App— Fort Worth, August 3, 2017) In this Texas Tort Claims Act (“TTCA”) notice case, the Fort Worth Court of Appeals […]

U.S. 5th Circuit holds utility district’s federal loan could prevent City from expanding its CCN.

Green Valley Special Utility District v. City of Cibolo, TX, No. 16-5182 ( 5th Cir. August 2,2017) In this case the United States Fifth Circuit Court of Appeals held the Green Valley Special Utility District (“Green Valley”) is entitled to go forward on it injunction to prohibit the City from encroaching on its system. The […]

14th Court of Appeals holds taxpayers have standing to challenge ballot propositions and bring ultra vires claims

Slvester Turner,  in his official capacity as mayor of the City of Houston, and the City of Houston v. Carroll G. Robinson, Bruce R. Hotze and Jefferey N. Daily, No.14-16-00393-CV ( Houston [ 14th Dist.] August 17, 2017) The Fourteenth Court of Appeals in Houston determined the Plaintiffs had taxpayer standing to challenge two propositions […]

13th Court of Appeals affirms take nothing judgment in favor of TxDOT for premise liability/flooding death case

  Geoffrey Lucker v. Texas Department of Transportation 13-16-00380-CV( Tex.App—Corpus Christi, August 3, 2017) This is a premise liability case where the 13th Court of Appeals affirmed the granting of jury verdict in favor of TxDOT TxDOT received information water was likely to flood a number of roads in Lee County and dispatched employees to […]

14th Court of Appeals holds administering drug is the “use” of tangible personal property for immunity purposes

University of Texas M.D. Anderson Cancer Center v. Lance McKenzie, Individually and as Representative of the Estate of Courtney McKenzie-Thue (Deceased), Deborah Diver, Individually and As Next Friend of Jensen O’Hara, a Minor 14-16-00681-CV (Tex.App—Houston [14th District] August 3, 2017) This is an interlocutory appeal from the denial of a plea to the jurisdiction in […]

Sheriff and jail administrator were not deliberately indifferent to rights of detainee who was sexually assaulted by jailor

Rivera v. Bonner No. 16-10675 (5th Cir. July 6, 2017) This is a §1983 case against jail officials alleging a sexual assault in a jail where the U.S. Fifth Circuit Court of Appeals affirmed the granting of the County officials’ motion for summary judgment. Fierros was a jailor in the Hale County Jail when Rivera […]

Deputies entitled to dismissal for false arrest where property owner failed to remove his truck after being instructed

  Childers v. Iglesias, No. 16-10442, (5th Cir. February 9, 2017) This is a false arrest/§1983 case where the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of claims against the arresting officers. Childers owns a ranch and was at the gate preparing to leave. He had attempted to evict an individual […]

Officer and Police Chief entitled to dismissal under sec. 101.106(f) of Texas Tort Claims Act after alleged assault during arrest

John M. Donohue v. City of Boerne Chief of Police James Koehler, Officer Pablo Morales, and Martha L. Donohue, 04-16-00190-CV ( Tex.App—San Antonio, March 8,2017) This is a Texas Tort Claims Act case where the San Antonio Court of Appeals affirmed the granting of a plea to the jurisdiction to a police officer and chief […]

US Supreme Court remands redistricting case to determine if state improperly used race as a basis for redistricting lines

Bethune-Hill v. Virginia State Bd. of Elections, No. 15-680 (U.S. March 1, 2017) In this U.S. Supreme Court redistricting case, the Court held the lower courts misapplied the standard for determining whether race was an impermissible factor in redrawing district lines. This case addresses whether the Virginia state legislature’s consideration of race in drawing new […]