Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. Supreme Court holds “clearly establish” prong of qualified immunity defense must not be defined with a high degree of generality

City of Escondido v Emmons, 17-1660 (U.S. January 7, 2019) City of Escondido police received a domestic violence 911 call from Maggie Emmons. Officer Jake Houchin responded to the scene and reported Emmons had sustained injuries caused by her husband. The officers
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Constitutional Challenge, Official/Qualified Immunity, Search and Seizure, Sec. 1983

U.S. Supreme Court holds 1st Amendment retaliatory arrest claim barred because probable cause exists and plaintiff has no objective evidence of retaliatory motive

Nieves, et al., v Bartlett, 17–1174 (May 28, 2019) In this First Amendment/retaliatory arrest/§1983 case the U.S. Supreme Court held the presence of probable cause eliminates the First Amendment claims as a matter of law. [Comment: warning this is a 48-page set
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Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

14th Court of Appeals held Authority was not immune from claim of accidental shooting simply because it asserted the officer did not possess the the discharging weapon

Metropolitan Transit Authority of Harris County, Texas v. Terry Smith 14-17-00807-CV (Tex, App. – Houston, [14th Dist.] Dec. 11, 2018) This is an interlocutory appeal from the denial of a plea to the jurisdiction in a Texas Tort Claims Act/negligent use of
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Official/Qualified Immunity, Sovereign Immunity, TTCA

Officer entitled to official immunity after court examined needs/risk analysis performed by officer as he entered intersection

City of Dallas v. Blanca K. Hernandez-Guerrero, et al., 05-18-00033-CV (Tex. App. – Dallas, December 7, 2018) This is a Texas Tort Claims Act/emergency responder/motor vehicle accident case where the Dallas Court of Appeals reversed the denial of the City’s plea to
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Health and Safety, Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

Lack of due care finding by accident review board is evidence only of negligence, not recklessness under emergency responder exception to TTCA

Harris County v. George J. Spears, 14-17-00662-CV (Tex. App. – Houston [14th Dist.], September 25, 2018) This is an interlocutory appeal where the Fourteenth Court of Appeals reversed the denial of the County’s plea to the jurisdiction in this emergency responder/vehicular accident
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Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

City employee returning to work from lunch deemed not to be in course and scope of employment says 14th Court of Appeals

  Martin Molina v. City of Pasadena, 14-17-00524-CV (Tex. App. – Houston [14th Dist.], August 21, 2018). This is a vehicle accident/Texas Tort Claims Act (“TTCA”) case where the 14th District Court of Appeals affirmed the granting of the City’s plea to
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Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

Police officer’s need to reach site of 911 call justified actions of entering intersection in course and manner – immunity therefore preserved

  Jason Roche v. City of Austin, 03-17-00727-CV (Tex. App. – Austin, August 21, 2018). This is a vehicle accident/Texas Tort Claims Act (“TTCA”) case were the Austin Court of Appeals affirmed the granting of a dismissal order. Police Officer Nguyen was
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Litigation, Official/Qualified Immunity, Sovereign Immunity, TTCA

In defamation suit 1st District Court of Appeals holds employees responding to city council questions in open meeting were acting within course and scope of employment for § 101.106(f) purposes

Elias v Griffith, et al, 01-17-00333-CV, 2018 WL 3233587 (Tex. App. – Houston [1st  Dist.], July 3, 2018.) This is a defamation case brought against individual city officials for acts performed within their course and scope of employment.  The First District Court
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Constitutional Challenge, Discrimination, Employment Law, Official/Qualified Immunity

Employee failed to establish valid comparators in equal protection/employment discrimination case, so individuals entitled to qualified immunity says 5th Circuit

Mitchell v. Mills No. 17-40737 (5th Cir. July 13, 2018) This is an equal protection in employment case where the 5th Circuit held the individual defendant mayors were entitled to qualified immunity. Mills and Chartier were both mayors at different times during
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