Peter J. Paske, Jr. v. Joel Fitzgerald, Individually and in His Official Capacity as Chief of Police of City of Missouri City, and the City of Missouri City, Texas 01-15-00631-CV (Tex. App.- Houston [1st Dist.], June 23,2016) This is a police officer wrongful termination case for alleged violations of Texas Gov’t Code chapter 614 where […]
Michelle Rodriguez v Fort Worth Transportation Authority, et al. 02-14-00340-CV (Tex. App.- Fort Worth, June 24th 2016) This is a Texas Tort Claims Act (“TTCA”) case where a plaintiff in a wrongful death case sued multiple entities trying to exceed the TTCA’s statutory cap on damages. The Fort Worth Court of Appeals held each individual […]
Salazar-Limon v. City of Houston 15-20237 (5th Cir. June 15th 2016) This is a §1983 excessive force case where the U.S. 5th Circuit affirmed the granting of an officer’s qualified immunity. Salazar was driving with three other men in his truck and had been drinking. Officer Thompson observed Salazar’s truck weaving between lanes and speeding […]
City of Plainview Texas, et al v. Korey Ferguson 07-14-00405-CV (Tex. App.- Amarillo, June 24th 2016) This is a police disciplinary case under Chapter 614 of the Texas Government Code. Ferguson was a police officer for the City. He was terminated based on an investigation stemming from a citizen complaint. Amber Washington requested assistance with […]
Reagan National Advertising of Austin, Inc. d/b/a Reagan National Advertising v. City of Austin, Texas; and Marc A. Ott, being sued in his Official Capacity 03-15-00370-CV (Tex. App.- Austin, June 15, 2016) This is a case to determine whether a billboard registration fee was a unconstitutional tax. The court held the fee was an fact […]
Lamar Advantage Holding Company v. The City of Stephenville and Mark Kaiser, in his official capacity as City Administrator 11-14-00133-CV (Tex. App- Eastland, June 9, 2016) This is a trespass to try title suit filed against the City of Stephenville and Mark Kaiser, in his official capacity as City Administrator. The City owns a […]
JOHN SAMPSON v. THE UNIVERSITY OF TEXAS AT AUSTIN 14-0745 (Tex.-2016) This is Texas Tort Claims Act (“TTCA”), where the Texas Supreme Court held an extension cord which causes a trip and fall is to be analyzed under a “premise defect” analysis instead of a “tangible personal property” analysis. As Sampson was walking to his […]
Delaval v. PTech Drilling Tubulars, L.L.C. No. 15-20471 (5th Cir.- June 3rd 2016) This is an Americans with Disabilities Act case where the 5th Circuit affirmed the granting of the employer’s summary judgment. While not a government case, the standards utilized apply equally to governmental and non-governmental employers. Danny Delaval was a manual machinist for […]
Mendez v. Poitevent No. 15-50709 (5th Cir. June 2nd 2016) This is a §1983/excessive force case where the 5th Circuit affirmed dismissal based on qualified immunity of the individual officer. After receiving a radio report of smuggling near the Mexico border, Border Patrol Agent Taylor Poitevent pursued a suspect truck into a residential cul-de-sac, where […]
Brian McEnery v. City of San Antonio and Chief Charles N. Hood, 04-15-00097-CV (Tex. App. – San Antonio, June 1, 2016). This is an appeal from a trial court’s order confirming an arbitration award that denied McEnery’s grievance against the City of San Antonio. The court determined the matter was moot. McEnery took a civil […]