Permanent injunction prohibiting city from holding election on red light cameras dissolved

The City of Cleveland et al., v. Keep Cleveland Safe, 09-15-00076-CV (Tex. App—Beaumont, July28, 2016) Plaintiff, Keep Cleveland Safe (“KCS”) filed a petition attempting to stop the City from placing an issue on the ballot for the May 2014 election regarding photographic traffic signal enforcement systems or red light cameras. The trial court permanently enjoined […]

Utility properly asserted jurisdiction against LCRA officials for water right declaration

Phil Wilson , in his official capacity as general manager of the Lower Colorado River Authority, et al.  v. New Braunfels Utilities, 03-16-00077-CV ( Tex. App—Austin, July 22, 2016) This is a dispute between two entities regarding water rights where the Austin Court of Appeals held the New Braunfels Utilities (“NBU”) properly pled jurisdiction to […]

Former employee could not establish comparator for her “unique” but low level position so summary judgment was proper for Town

Morris v. Town of Independence; Michael Ragusa, 15- 30986 (5th Cir.  June28,2016) This is a racial discrimination in employment under 42 U.S.C. § 1981 where the 5th Circuit affirmed the granting of the Town’s summary judgment motion. Morris, an African-American woman, was a part-time employee of the Town of Independence.  She was listed as an […]

Failure to give affirmative defense in jury instruction was harmful error in Whistleblower Case says Fort Worth Court of Appeals

Fort Worth Independent School District v. Joseph Palazzolo, 02-14-00262-CV (Tex. App– Fort Worth, July 7, 2016) This is a Whistleblower case where the Fort Worth Court of Appeals reversed a jury award for the employee and ordered a new trial. Palazzolo was an assistant principal at FWISD’s Arlington Heights High School (“AHHS”). Menchaca, the Director […]

Difference in severity of past criminal history meant comparator was not similarly situated for discrimination analysis says Dallas Court of Appeals

Noris Rogers v. Pearland Independent School District, 14-41115 (Tex. APP—Dallas, June 28, 2016) This is a race discrimination case where the Dallas Court of Appeals affirmed the granting of the employer’s summary judgment. Rogers, an African-American male, applied for employment as a master electrician with the School District on two occasions.  The School District conducted […]

Employee’s retaliation claim dismissed since she became ineligible for her position due to a lapse in nursing license

University of Texas Southwestern Medical Center v. Kimberly A. Saunders, 05-15-01543-CV (Tex. App—Dallas, July 13,2016) This is an employment dispute where the Dallas Court of Appeals rendered judgment for the University based on a plea to the jurisdiction. Saunders was injured on the job while employed by UTSW as a registered nurse. UTSW offered Saunders […]

Officer’s alleged failure to control police dog resulting in a bite and injury is a properly plead waiver of immunity says First District Court of Appeals.

City of Houston v. Jesus Roman, Individually and as Next Friend of G.R., A Minor  01-15-01042-CV ( Tex. Civ. App. Houston [1st Dist.] July 12, 2016) This is a Texas Tort Claims Act (“TTCA”) case involving a police dog bite. The First Court of Appeals held the pleadings accurately invoked a waiver of immunity and […]

Texas Supreme Court holds City maintains immunity after 911 system accidentally disconnected emergency call

City of Dallas v Sanchez, 15-0094 (Tex. July 1, 2016) This is a Texas Tort Claims Act (“TTCA”) case where the Texas Supreme Court holds immunity is not waived due to an alleged malfunction with a dispatch system. Dallas dispatch received two 9-1-1 emergency calls at the same apartment complex requesting assistance with helping drug-overdosed […]

U.S. Supreme Court holds PLRA does not have a “special circumstance” exception, but does require analysis of “available” administrative procedures for relief

Ross v Blake 15-339  (U.S. June 6, 2016) Slip Opinion This is a §1983 excessive force case, but its main focus is on the Prison Litigation Reform Act (“PLRA”) compliance. While transporting an inmate (Blake) to a segregation unit, a prison guard (Madigan) assaulted Blake. Blake sued for excessive force and sued both guards transporting […]