Constitutional Challenge, Contracts, Declaratory Judgments, Injunction, Official/Qualified Immunity, Public Works, Sovereign Immunity, TOMA, TTCA, Ultra Vires

City waived immunity in breach of contract case for solid waste disposal services

City of Rio Grande City, Texas, and Joel Villarreal, Herman R. Garza III, Arcadio J. Salinas III, Rey Ramirez, and Dave Jones in their Official Capacities v. BFI Waste Services of Texas, LP d/b/a Allied Waste Services of Rio Grande Valley,04-15-00729-CV (Tex.
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Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

Suspect unable to dispute officer’s evidence suspect reached towards waistband and perceived weapon so officer is entitled to immunity

 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
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Constitutional Challenge, Official/Qualified Immunity, Search and Seizure, Sec. 1983

Deputies entitled to qualified immunity, even though one testified his actions may be unconstitutional

Pratt v. Harris County 15-20080 (5th Circuit- May 3rd 2016) This is a §1983 excessive force case where the trial court granted the officer’s qualified immunity motions. The 5th Circuit affirmed. Pratt was involved in a minor traffic accident.  Upon arriving at
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Board of Adjustment, Constitutional Challenge, Land Use, Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, Takings, Ultra Vires, Zoning

Trial court properly dismissed various claims brought against Board of Adjustment

Glen Sumner v. Board of Adjustments of City of Spring Valley Village, Texas; The City of Spring Valley Village Texas, Art Flores, and Rickie Prichard 14-15-00149-CV (Tex. App- Houston [14th Dist.], May 17th 2016). This is a board of adjustment and takings
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Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA

Employees failed to establish they were acting within course and scope of employment in defamation case so trial court properly denied motion to dismiss

Cordelia Moscrip, Michelle Stewart and Tracy Romero v. Maura Kraus 04-15-00734-CV (Tex.App.–San Antonio, April 27, 2016) This is a defamation case where the Fourth Court of Appeals denied an election of remedies dismissal for employees of the University of Texas Health Science
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

Deputies cannot use no-evidence summary judgment to argue qualified immunity defense in state court says Houston Court of Appeals for 14th District.

Sergeant Mary Haver and Deputy Constable Kevin Vailes, in their individually capacities v. Barbara Coats, et al. 14-15-00185-CV (Tex. App. – Houston [14th Dist.], April 12, 2016) This is a qualified immunity/excessive force case where the court held the individual constable deputies
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Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, TTCA, Ultra Vires

City and City officials not liable for malicious prosecution in case brought by park vendor

City of Dallas, et al v. Robert Groden 05-15-00033-CV (Tex. App. – Dallas, April 6, 2016). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a malicious prosecution case. The Dallas Court of Appeals reversed the
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