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El Paso Court of Appeals holds non-appearance jurors failed to show waiver of immunity in contempt/fee challenge case but should be allowed to amend.

Joshua Luttrell, et al v. El Paso County, et al., 08-16-00090-CV (Tex. App. – El Paso, December 20, 2017). There is no way to categorize this case in a single sentence. In the thirty-nine page opinion, the El Paso Court … Continue reading

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U.S. 5th Circuit holds fact question exists on qualified immunity between whether officer stepped in front of car to prevent escape, or was already in front of car and shot to defend himself

  Vann v. City of Southaven, 16-60561 (5th Cir. November 22, 2017). The U.S. Court of Appeals for the Fifth Circuit reversed the granting of summary judgment for the City and its officer in this police shooting and death case. … Continue reading

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U.S. 5th Circuit holds disabled individual did not request accommodation from officers performing field sobriety test so cannot sue for disability discrimination

Windham v. Harris County 16-20686 (5th Cir. November 13, 2017) This is a §1983 suit where the U.S. 5th Circuit Court of Appeals affirmed the granting of the County and Deputy Sheriff’s summary judgment motion. Windham was arrested on suspicion … Continue reading

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Town immune from claims to invalidate vote where no ordinance was actually adopted says Fort Worth Court of Appeals

Peter Schmitz, et al  v. Town of Ponder, Texas, et al. 02-16-00114-CV, (Tex. App. – Fort Worth, August 31, 2017). This is an appeal from a final judgment against the Plaintiffs who attempted to force the Town to enforce its … 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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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