Constitutional Challenge, Declaratory Judgments, Injunction, Land Use, Litigation, Nuisance, Official/Qualified Immunity, Sovereign Immunity, Takings, TOMA, Ultra Vires

Property owners cannot sue on City’s right to amend deed restrictions on lots it owns or create City park; increased traffic and noise cannot be basis for inverse condemnation claim

The City of Friendswood and Kevin Holland v. Paul and Carolyn Horn, et al., 01-15-00436-CV (Tex. App. – Houston [1st Dist.], February 11, 2016). This is essentially an inverse condemnation case where the First Court of Appeals reversed the denial of a
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Official/Qualified Immunity, Sovereign Immunity, TTCA

County did not present sufficient evidence to place jurisdictional facts into question in car accident case says 13th Court of Appeals

Hidalgo County, Texas v. Michael Calvillo, et al., 13-15-00261-CV (Tex. App. – Corpus Christi, February 11, 2016). This is a Texas Tort Claims Act (“TTCA”) case involving a vehicle collision with a Hidalgo County Sheriff’s Deputy in which the 13th Court of
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, Ultra Vires

U.S. Supreme Court holds government contractor not entitled to derivative immunity; also full offer of settlement does not moot Plaintiff’s claims

Campbell-Ewald v. Gomez, 14-857 (January 20, 2016) The United States Supreme Court issued this opinion on derivative sovereign immunity for contractors. The United States Navy contracted with Campbell-Ewald Company (“Campbell”) to develop a multimedia recruiting campaign that included the sending of text
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Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. Supreme Court holds officer entitled to qualified immunity after shooting fleeing suspect in high-speed chase

Mullenix v. Luna 14-1143, 2015 WL 6829329 (U.S. Nov. 9, 2015) The U.S. Supreme Court issued this qualified immunity case in a police chase/§1983 lawsuit granting the officer involved immunity for shooting a fleeing suspect. When officers in Tulia Texas attempted to
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

Officers entitled to qualified immunity after issuing no-trespass order prohibiting individual from entering City Hall

Vincent v. City of Sulphur No. 15-30182 (5th Cir. October 28, 2015) This is a §1983 lawsuit where the U.S. Court of Appeals for the Fifth Circuit granted qualified immunity to police officers who issued a no trespass warning to an individual
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Procedure, Sec. 1983

U.S. 5th Circuit holds officers violate due process rights if they fabricate evidence, even if the DA never brings charges and no trial occurs; however fact question exists as to fabrication

Cole v. Carson No. 14-10228 c/w No. 15-10045 (5th Cir. September 25, 2015), This is an excessive force/qualified immunity case where the U.S. Court of Appeals for the Fifth Circuit affirmed the denial of law enforcement officers’ qualified immunity motions.  However, the
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Constitutional Challenge, Official/Qualified Immunity, Sec. 1983

U.S. Supreme Court holds pretrial detainees suit under Due Process clause is analyzed under objective reasonableness standard only

Kingsley v. Hendrickson 14-6368 (U.S. June 22, 2015) This is an excessive force case where the U.S. Supreme Court held the subjective awareness of individual officers was not relevant but the jury could have been confused by the instruction. [Comment: the officers
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Constitutional Challenge, Contracts, Official/Qualified Immunity, Sec. 1983, Sovereign Immunity, Uncategorized

U.S. 5th Circuit holds school district not a proper RICO defendant, but former trustee is; former trustee not entitled to §101.106 immunity for bribery allegations

The Gil Ramirez Group, L.L.C. v. Houston Independent School District  13-20753 (5th Cir. May 18, 2015). This is a bribery and federal Racketeer Influenced Corrupt Organizations Act (“RICO”), claim case against the Houston Independent School District (“HISD”), a former HISD trustee (“Marshall”)
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