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Texarkana Court of Appeals holds the vote and decision not to vote on District business cannot be an ultra vires claim

Kilgore Independent School District, et al. v. Darlene Axberg, John Claude Axberg, Sheila Anderson, and the State of Texas 06-17-00060-CV (Tex.App— Texarkana, October 12, 2017) This is an appeal from the denial of a plea to the jurisdiction where property … Continue reading

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Inmate’s ultra vires suit against DA, courts, and county dismissed due to claim for retrospective relief

Smith v. District Attorney’s Office for Smith County, et al.  03-16-00828-CV (Tex. App. – Austin, August 23, 2017) This is an inmate declaratory judgment case relating to the inmate’s conviction in which the Austin Court of Appeals affirmed the dismissal … Continue reading

U.S. 5th Circuit holds henceforth, a clearly established constitutional right exists to video tape police and their facilities

Turner v. Driver, No. 16-10312 (5th Cir., February 27, 2017) This is a §1983 case where the U.S. Court of Appeals for the Fifth Circuit affirmed in part and reversed in part an order dismissing three officers from a suit … Continue reading

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Deputies entitled to dismissal for false arrest where property owner failed to remove his truck after being instructed

  Childers v. Iglesias, No. 16-10442, (5th Cir. February 9, 2017) This is a false arrest/§1983 case where the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of claims against the arresting officers. Childers owns a ranch … Continue reading

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Officer and Police Chief entitled to dismissal under sec. 101.106(f) of Texas Tort Claims Act after alleged assault during arrest

John M. Donohue v. City of Boerne Chief of Police James Koehler, Officer Pablo Morales, and Martha L. Donohue, 04-16-00190-CV ( Tex.App—San Antonio, March 8,2017) This is a Texas Tort Claims Act case where the San Antonio Court of Appeals … Continue reading

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US Supreme Court remands redistricting case to determine if state improperly used race as a basis for redistricting lines

Bethune-Hill v. Virginia State Bd. of Elections, No. 15-680 (U.S. March 1, 2017) In this U.S. Supreme Court redistricting case, the Court held the lower courts misapplied the standard for determining whether race was an impermissible factor in redrawing district … Continue reading

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Pretrial detainee properly plead a deliberate indifference claim to medical needs against corrections guard says U.S. 5th Circuit

 Alderson v. Concordia Parish Correctional Facility, No. 15-30610, (5th Cir. Feb 9, 2017) This is a pretrial detainee constitutional suit against a state correctional facility and several employees. The U.S. 5th Circuit Court of Appeals affirmed the dismissal of all … Continue reading

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City held to be acting both in a proprietary capacity and a governmental capacity involving lease for mineral interests says Dallas Court of Appeals

The City of Dallas v. Trinity East Energy, LLC, 05-16-00349-CV(Tex.App— Dallas, February 7, 2017) This is an interlocutory appeal from the granting-in-part and denial-in-part of a plea to the jurisdiction involving an inverse condemnation claim for mineral interests. The Dallas … Continue reading