Jerome Clement, a diabetic, was suffering from a hypoglycemic episode while driving when he veered off the road and into a parking lot. Officers called to the scene had reason to believe he was intoxicated.

When he did not comply with their commands to step out of his car, they physically removed him, maced him two or three times, struck him four times with a baton to place handcuffs on him

¶1 Claudia and Eugene Orr, individually and on behalf of their deceased son, Kevin Orr, and Holly Orr, individually and on behalf of Kevin’s heirs (collectively, the Orrs), appeal the district court’s order granting Uintah County’s (the County) motion to dismiss. We affirm.1

¶2 In their complaint, the Orrs set forth three claims for relief against the County, the only defendant in t

[¶1] The district court dismissed the appellants’ civil action against the appellees for
failure to state a claim upon which relief can be granted. The dismissal and this appeal
raise issues of statutory construction and the constitutionality of a statute, with the focal
question being the liability of a provider of alcohol for damages caused to a third person
by the person to w

After considering the appellants’ motion for en banc reconsideration, our judgment in this case remains unchanged; however, to address the points raised in the motion, we withdraw our opinion of June 7, 2011 and issue this substitute opinion in its place. We deny the motion as moot.

In this civil-rights action, plaintiff Shirley Nagel, individually and as representative of

Yakov Elmakiss, appearing pro se, appeals three orders signed by the trial court granting the plea to the jurisdiction filed by the Tyler Child Support Enforcement Unit of the Attorney General of Texas, the motion for summary judgment filed by the Honorable Randall L. Rogers and Smith County, and the traditional and no evidence motion for summary judgment filed by Ruth M. Elmakiss. On appeal, Appe

James Lee Sweed brings this restricted appeal complaining of the trial court’s dismissal for want of prosecution. For the reasons that follow, we reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

On August 12, 2005, Sweed filed suit against James L. Nye, District Attorney Jaime Esparza, the Office of the District Attorney, the State of Texas, and the Texas Attorney

This civil rights action under 42 U.S.C. § 1983 arises from an internet child pornography investigation by Washington State Police (WSP) Officers Rachel Gardner and John Sager (“the officers”). As a result of information the officers acquired, Todd Chism became the focus of their investigation.

Gardner prepared an affidavit in support of a search warrant application, which Sager review

Jane Porter appeals from the district court’s2 orders granting summary judgment in favor of the City of Lake Lotawana and its mayor, Art Van Hook, and the subsequent dismissal of her wrongful termination and retaliation claims. On 1The Honorable Brian S. Miller, United States District Judge for the Eastern District of Arkansas, sitting by designation.

I.

Jane Porter worked for

May Molina, a prominent civil rights activist known for protesting police practices, died in custody over 24 hours after officers arrested her on drug charges at her home. Molina was disabled, obese, and in poor health. She took daily medications for several ailments, including diabetes, a thyroid condition, hypertension, and asthma. Pursuant to a Chicago Police Department (CPD) policy that prohib

In this interlocutory appeal from the denial of a plea to the jurisdiction, the principal issue we must decide is whether the county attorney of Williamson County, in either her individual or official capacity, has standing to sue the county commissioners court for allegedly violating the Open Meetings Act and local government code in the course of making budgetary transfers that negatively impact

¶1 The dispositive issue on certiorari is whether the terms of §155(14)2 of the Governmental Tort Claims Act [GTCA] - which exclude from state tort liability claims for death (or bodily injury) from an on-the-job injury covered by workers' compensation but extend government's tort accountability to claims by persons with access to collateral sources of indemnity other than workers' compensation

In this interlocutory appeal,[1] appellant, the City of Deer Park (“the City”), challenges the trial court’s order denying its plea to the jurisdiction on the breach of contract, tort, equitable, and statutory claims made against it by appellees, Jose Ibarra, Emilio Vargas, Mario Torres, Jose Lemus, Roberto Delgado, Santiago Bravo, Carlos Vasquez, Hugo Martinez, Saul Balseca, Vicente Martine

Appellants Essex Crane Rental Corp. and Vincent A. Morano (collectively, “Essex”) appeal the trial court’s judgments in favor of appellees Eric G. Carter d/b/a Eric G. Carter & Associates, David W. Farley, and Kenneth Beverly, and the trial court’s order granting Beverly’s motion to quiet title. In four issues, Essex contends that the trial court (1) improperly sustained Beverly’s obj

Stephen Barth obtained a judgment awarding damages and attorney’s fees against the University of Houston (“University”) based on a jury’s finding that the University, Barth’s employer, had violated the Texas Whistleblower Act.[1] On original submission, we held that the University had waived its liability challenge to the judgment because it had failed to dispute all bases on which the

Plaintiff-Appellant Daniel Magee is the father and next friend, and Plaintiff-Appellant Geneva Magee is the grandmother, guardian, and next friend, of Plaintiff-Appellant Jane Doe (collectively the “Does”). Individually and on behalf of nine-year-old Jane Doe (“Jane”), the Magees sued, inter alia, the Covington County [Mississippi] School District, its Board of Education, its president, an

Hershel Oscar Rosenbaum (“Rosenbaum”) and his children appeal the district court’s order granting the defendants’ motion for summary judgment on the grounds of qualified immunity.

Rosenbaum was arrested as he stood outside a fair selling promotional tickets that he had received for free from a radio station. He was wearing a t-shirt with the logo of the station; his children, ages e

While handcuffed in the back seat of a patrol car, Everardo Torres (“Everardo”) was mortally wounded when Madera City Police Officer Marcy Noriega (“Officer Noriega”) shot him in the chest with her Glock semiautomatic pistol, believing it at the time to be her Taser M26 stun gun. Everardo’s family filed this survival action under 42 U.S.C. § 1983, asserting excessive force in violation

¶1 Both parties appeal from a divorce judgment wherein a decree of divorce was rendered to each of the parties on the grounds of incompatibility. The parties will be referred to as they appeared below, Richard E. Carpenter being plaintiff, and Olga Y. Carpenter the defendant.

[657 P.2d 648]

¶2 At the time of trial, plaintiff was sixty-two years of age and defendant sixty-one, the p

Plaintiff Dean Martin filed a complaint alleging six causes of action deriving from purported racial and age discrimination and retaliation by defendants Inland Empire Utilities Agency (agency) and its CEO (chief executive officer),1 Richard Atwater (collectively, “defendants”), for plaintiff‟s refusal to take punitive action against another employee who had made similar allegations. Plainti

After her husband Rodney Johnson was shot and killed in the line of duty as a Houston police officer, Joslyn Johnson sued the City of Houston. She alleged that the City was grossly negligent in that it failed to implement policies and procedures to safeguard police officers during routine traffic stops, and that the City’s immunity from suit from such a claim is discriminatory and violates the

The Texas Workforce Commission (the “Commission”) appeals the trial court’s denial of its plea to the jurisdiction. The Commission contends the order is in error, and that former Commission employee, Ms. Maria Elena Olivas’ suit for retaliatory discharge should be dismissed for lack of jurisdiction. We affirm.

Ms. Olivas worked for the Commission from June 24, 1987 un

Appellant Kojo Wih Nkansah, pro se, appeals from orders granting a motion to dismiss, a plea to the jurisdiction, and a motion for summary judgment in favor of Appellees University of Texas at Arlington (UTA), James Spaniola, Dana Dunn, Philip Cohen, Rod Hissong, and Sherman Wyman and from an order denying his motion for new trial. We will affirm.

UTA dismissed Nkansah from its S

Appellant Memorial Villages Police Department challenges the trial court’s order denying its plea to the jurisdiction in favor of appellees, Wesley Gustafson, III, Eric Gustafson, and Susan Wadlington. The Gustafsons filed a wrongful death and survival action against MVPD after their father, Wesley Gustafson, Jr., sustained fatal injuries in a collision involving a vehicle pursued by Officer W.

Appellants Mary LaFond (“LaFond”) and Norman Webster (“Webster”) (collectively “Appellants”), relying on qualified immunity, appeal the district court’s order denying their motion for summary judgment. Appellee Crystal Ammons (“Ammons”) sued LaFond and Webster under 42 U.S.C. § 1983 for violating her Fourteenth Amendment substantive due process right to safe conditions while in

Following their termination from appointed positions within the Shelby County Clerk’s Office, Edward A. Kizer, John J. Ryan, III, and Don Howell brought suit under 42 U.S.C. § 1983. They allege that they were terminated without due process of law, in violation of the Fourteenth Amendment. The district court granted summary judgment in favor of the County and its officials, concluding that Kizer