Gibson v. Kilpatrick,15-60583(5th Cir. September 20,2016) This is a First Amendment retaliation in employment case where the U.S. Court of Appeals for the 5th Circuit held the employee’s speech was not on a matter of public concern. This is a continuing litigation saga (technically Gibson III) regarding “a small-town feud between the former police chief […]
City of Floresville, et al. v. Starnes Investment Group, LLC, 04-16-00038 (Tex.App— San Antonio, September 28,2016) This is an interlocutory appeal from the denial of a plea to the jurisdiction in a case where a city employee mistakenly informed a property developer they were outside city limits. The San Antonio Court of Appeals reversed the […]
Auspro enterprises, LP v. Texas Department of Transportation,03-14-00375-CV (Tex. App— Austin , August 26,2016) In this case the Austin Court of Appeals held unconstitutional part of the Texas Highway Beautification Act (“Act”) in light of the U.S. Supreme Court’s decision last term in Reed v Town of Gilbert. It is a twenty-nine-page opinion. Auspro […]
Cowart v. Erwin, No. 15-10404 ( 5th Cir. September 13, 2016) This is a §1983 and Prison Litigation Reform Act (“PLRA”) case where the U.S. 5th Circuit affirmed a jury award for excessive force. Former prisoner Mark A. Cowart filed suit against four Dallas County Jail detention officers, including Special Response Team Officer Erwin, […]
Joseph Gonzalez v. Bandera County, 04-16-00142-CV ( Tex. App— San Antonio, September 21, 2016) This is an appeal from the granting of the County’s plea to the jurisdiction based on a single vehicle accident. The San Antonio Court of Appeals affirmed the granting of the plea. Gonzalez was injured while operating his motorcycle and […]
City of Rio Grande City, Texas, and Joel Villarreal, Herman R. Garza III, Arcadio J. Salinas III, Rey Ramirez, and Dave Jones in their Official Capacities v. BFI Waste Services of Texas, LP d/b/a Allied Waste Services of Rio Grande Valley,04-15-00729-CV (Tex. App – San Antonio, September 21,2016) This is an appeal from the denial […]
Melton v. Phillips, No. 15-10604 ( 5th Cir. September 14,2016). This is a qualified immunity case where the U.S. Court of Appeals for the 5th Circuit held a sheriff’s deputy was not entitled to immunity. The plaintiff, Michael David Melton, spent sixteen days in county jail in connection with an assault he did not […]
CITY OF SOCORRO, Texas v. SAMUEL CAMPOS, et al, 08-14-00295-CV (Tex.App— El Paso, September 14,2016) This is a takings/flooding case where the El Paso Court of Appeals held the Plaintiffs properly pled a takings case. The residents contend that the City of Socorro intentionally caused flooding by constructing a ditch, and later two embankments, […]
Juan Bazaldua Jr. v. City of Lyford, Texas, 13-16-00004-CV (Tex.App— Corpus Christi, September 1, 2016) This is an age-discrimination case where the Thirteenth Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Bazaldua was a forty-nine-year-old laborer employed in the City’s public works department. After the City purchased a new […]
Norma Torres v. City of Corpus Christi, 13-14-00506-CV (Tex.App— Corpus Christi, September 1, 2016) This is a Texas Tort Claims Act (“TTCA”) case involving a car accident with a police officer. The Thirteenth Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Corpus Christi police officer Robert Walker was responding to […]