Litigation, Procedure, Sovereign Immunity, TTCA

Since pedestrian plaintiff admitted he caused the accident to officers at the scene, City did not have actual notice of claim within required time period

  The City of Houston v. Michael Gantt, 14-20-00229-CV, (Tex. App – Houston, August 5, 2021) This is a Texas Tort Claims Act (TTCA) case where the Fourteenth Court of Appeals reversed the trial court’s denial of the City’s plea to the jurisdiction and dismissed the Plaintiff’s claims. Gantt was a pedestrian who was struck […]

Contracts, Employment Law, Litigation, Procedure, Sovereign Immunity

Since City’s plea to the jurisdiction only challenged non-jurisdictional facts, plea was property denied in breach of contract suit

  City of Del Rio v. Henry Arredondo, 04-20-00409-CV, (Tex. App – San Antonio, August 4, 2021) This is a breach of contract suit where the Fourth Court of Appeals held that because the City’s plea only challenged non-jurisdictional facts, the plea was properly denied. City hired Arredondo as its City Manager. The parties entered […]

Constitutional Challenge, Declaratory Judgments, Litigation, Sovereign Immunity, Ultra Vires

Trespass to try title claims failed to waive immunity, but court remanded to allow further pleading attempts

City of San Antonio v. Albert Davila, Individually; Madeline Davila, Individually; and Albert Davila as Trustee of the Albert Pena Davila and Madeline Davila Living Trust, 04-20-00478-CV, (Tex. App – San Antonio, August 4, 2021) This is a trespass to try title case where the Fourth Court of Appeals reversed the denial of the City’s […]

Agency, Constitutional Challenge, Declaratory Judgments, Health and Safety, Nuisance, Takings

Junk vehicle owner failed to establish ownership in municipal court, so was not entitled to sue for taking in later suit

  Jane Vorwerk v. City of Bartlett and John Landry Pack, Mayor, 03-21-00001-CV, (Tex. App – Austin, August 6, 2021) The Bartlett Municipal Court declaring a 1986 Toyota mobile home to be a junk vehicle. The municipal court found that defendant James Fredrick Hisle was the owner or person in lawful possession of the mobile […]

Constitutional Challenge, Litigation, Official/Qualified Immunity, Sec. 1983, Sovereign Immunity, TTCA

Eastland Court of Appeals holds deputies entitled to qualified immunity after takedown broke suspects jaw as video did not show constitutional level violations

Peter Klassen v. Gaines County, Texas, and Gaines County Deputy Sheriffs Ken Ketron and Clint Low, 11-19-00266-CV (Tex.App.—Eastland July 15, 2021) This is an excessive force/§1983 case where the Eastland Court of Appeals affirmed the trial court’s granting of the County’s and deputy’s dispositive motions. Deputies responded to a disturbance involving possible aggressive actions by […]

Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Litigation, Ultra Vires

San Antonio Court of Appeals held City park and airport police could proceed with declaratory claims to establish collective bargaining rights

  City of San Antonio and Erik Walsh, in his Official Capacity v. San Antonio Park Police Officers Association, et al, 04-20-00213-CV, (Tex. App – San Antonio, July 14, 2021). This is a civil service/collective bargaining suit where the San Antonio Park Police Officers Association (“SAPPOA”) sought declaratory relief for three distinct issues related to the […]

Agency, Declaratory Judgments, Litigation, Procedure, Ultra Vires, Uncategorized

Amarillo Court of Appeals holds committed individual cannot challenge commitment or conditions through secondary suit

James Richards v. Marsha McLane, in Her Official Capacity as Director of the Texas Civil Commitment Office, 07-20-00306-CV, (Tex. App – Amarillo, July 6, 2021) This is a declaratory judgment/ultra vires type case where the Amarillo Court of Appeals affirmed the granting of the Director’s plea to the jurisdiction. Richards sued the director of the […]

Litigation, Procedure, Sovereign Immunity, TTCA

Slip and fall plaintiff failed to dispute hospital’s proof of no actual notice of dangerous condition

  The University of Texas MD Anderson Cancer Center v. Courtney Simpson, 01-20-00679-CV, (Tex. App – Houston [1st Dist.], July 22, 2021) This is an interlocutory appeal in a premise defect/Texas Tort Claims Act (TTCA)  case where the First District Court of Appeals reversed the denial of the University’s plea and dismissed the Plaintiff’s claims. […]

Litigation, Procedure, Sovereign Immunity, TTCA

First District Court of Appeals holds inmate failed to property provide notice of claim for alleged sexual assault

Troylencia Wolf Anderson v. Waller County, Texas, et al, 01-20-00097-CV, (Tex. App – Houston [1st Dist.], July 20, 2021) This is an alleged sexual assault case brought under the Texas Tort Claims Act (TTCA) where the First Court of Appeals affirmed the granting of the County’s plea to the jurisdiction. Anderson alleged that while incarcerated […]

Litigation, Procedure, Sovereign Immunity, TTCA

Mere acknowledgment a police report exists does not establish actual notice of claim because the existence of an investigation alone is insufficient to demonstrate actual notice says 13th Court of Appeals

  City of Mission, Texas v. Lucila Gonzalez, 13-20-00138-CV, (Tex. App – Corpus Christi & Edinburg, July 22, 2021) This is a premise liability case under the Texas Tort Claims Act (“TTCA”) where the Corpus Christi & Edinburg Court of Appeals reversed a denial of the City’s plea to the jurisdiction and dismissed the claims. […]