PUBLIC ROAD EASEMENT: County properly failed to establish 30 foot easement from center of County road onto Defendant’s property through his garage & house based only on unmarked dashed line on COSs… $42,671 fees and $1,111.29 costs properly awarded under UDJA… Harris affirmed (memorandum). [Read more…]
Citizen zoning, Part 1 SZD protest veto unconstitutional
CITIZEN ZONING: Part 1 Special Zoning District protest provision allowing veto by owners of majority of property unconstitutional, similar to Part 2 in Williams… Moses. [Read more…]
False arrest, illegal presence in US v. illegal entry
FALSE ARREST: JP who called Deputy to arrest witness in protective order case whom object of protective order asserted was “not a legal citizen” and the Deputy who effected the arrest not entitled to immunity from §1983 suit because it was well-established that unlike illegal entry into the US, illegal presence is not a crime… Watters affirmed. [Read more…]
$1,250,000 settlement, death at roadblock
SETTLEMENT: $1,250,000, following finding of no immunity for deputies who killed burglary/auto theft suspect absent proper Terry stop. [Read more…]
Excessive force, burglary/auto theft suspect death
EXCESSIVE FORCE: No qualified immunity for deputies who killed burglary/auto theft suspect who was not a threat and absent proper Terry stop… Watters. [Read more…]