Colorado County, et al., v Marc Staff, NO. 15-0912 (Tex., February 3, 2017). This is a Chapter 614 law enforcement termination case where the Texas Supreme Court changed some of the standards for investigating, disciplining, and terminating police officers. The Court reversed the judgment of the court of appeals and rendered judgment in favor of […]
Heaney v. Roberts, No. 15-31088 (5th Cir. January 23, 2017) This is a First Amendment retaliation/discrimination case where the Plaintiff, Heaney, was ejected from a city council meeting allegedly due to his statements at the meeting. On September 18, 2013, Tom Heaney attended a regularly scheduled Jefferson Parish council meeting in Gretna, Louisiana. He requested […]
McLane Company, Inc. v. Texas Alcoholic Beverage Commission, et al., No.03-16-00415-CV (Tex. App. – Austin, February 1, 2017). This is a Texas Public Information Act (“PIA”) request lawsuit where the Austin Court of Appeals affirmed the granting of several pleas to the jurisdiction by a state official and the Texas Alcoholic Beverage Commission (“TABC”). In […]
City of Houston v. Paula Collins,14-16-00449-CV (Tex. App— Houston [ 14th Dist.] January 31, 2017) This is a Texas Tort Claims Act vehicle accident case involving official immunity where the 14th Court of Appeals reversed and rendered the denial of the City’s plea to the jurisdiction. Houston Police Department Officer James Brown responded to a […]
Hamilton v. kindred, No. 16-40611(5th Cir. January 12, 2017) This is an interlocutory appeal in a suit involving alleged unlawful body cavity searches of two women and the trial court’s denial of a Deputy Sheriff’s claim of qualified immunity. Two women, Hamilton and Randle were pulled over by DPS Officer Turner for speeding. Turner smelled […]
Anderson v. State of Texas, No.15-40836 (5th Cir. January 10, 2017) This is a First Amendment in employment case where the U.S. 5th Circuit denied a judge’s claim for qualified immunity while acting in his administrative capacity. This is a 43-page opinion and dissent. Anderson is a lawyer licensed to practice law in Texas since […]
Jeffory Blackard v. Attorney Pro Tem Kent A. Schaffer, et al.,05-16-00408-CV (Tex.App— Dallas, January 18, 2017) A taxpayer sued Collin County, various County officials and the special appointed prosecutors assigned to represent the state in criminal matters against the current Texas Attorney General, Ken Paxton over payment of fees in the criminal matter. The Dallas […]
City of Houston and Annise D. Parker v. Phillip Paul Bryant and James Scarborough,01-16-00273-CV( Tex.App— Dallas, January 12, 2017) This is an election contest case where the First Court of Appeals out of Houston held Texas Election Code §233.008 (requiring process be served within 20 days) is not jurisdictional. Petitioners challenge a ballot measure concerning […]
RAY WHITE, ET AL. v. DANIEL T. PAULY, No.16-67 (U.S. January 9, 2017) This is an excessive force, police shooting case where the United States Supreme Court granted an officer’s qualified immunity defense. Through a serious of events, three officers became involved in an incident which started with a road rage encounter between motorists. While […]
West Travis County Public Utility Agency, on behalf of itself and its Directors, Larry Fox, Michael Murphy, Ray Whisenant, Bill Goodwin, and Scott Roberts, in their Official Capacities v. CCNG Development Co., L.P., No.03-16-00521-CV (Tex. App— Austin, January 4, 2017) This opinion will mainly be of interest to litigators for procedural precedent, but the underlying […]