OFFICERS’ SHOOTING: Summary judgment for County & Deputies rejected over claim of sham affidavit testimony that Plaintiff was pointing gun at ground when he opened door to unknown persons on porch in dark who shot him and claims of qualified immunity… case settled following ruling for $525,000… DeSoto/Watters. [Read more…]
Public road easement through house/garage
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…]
Public road easement, sidewalk through house & garage
PUBLIC ROAD EASEMENT claim by County to make room for sidewalk running through house and garage based on easement by reference via unlabeled dashed line on COSs rejected in bench trial… $42,672 attorney fees and $1,111.29 costs awarded… Harris. [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…]
Mental commitment, “Intermittent Explosive Disorder”
MENTAL COMMITMENT of person with Intermittent Explosive Disorder supported by medical history independent of hearsay about why he was taken from nursing home to mental clinic… Souza affirmed (IOR I-3(c)). [Read more…]
Zoning variance, over-sized garage, no permit
ZONING VARIANCE properly denied for over-sized garage that was nearly completed prior to permit application… Moses 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…]
Mental commitment, homicidal/suicidal statements
MENTAL COMMITMENT: Homicidal/suicidal statements sufficient proof of imminent threat… Moses affirmed (IOR I-3(c)). [Read more…]
Malicious prosecution, acquitted drug defendant
MALICIOUS PROSECUTION and related claims against County by acquitted drug defendant properly dismissed on JML and summary judgment… Gustafson affirmed (IOR I-3(c)). [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…]