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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 05-20-00855-CV
Regular Panel Decision
May 05, 2021

Emanuel Lewis, on Behalf of Himself and a Class of Certain Dallas County Detention Service Officers v. Dallas County Sheriff Marian Brown, in Her Official Capacity

Officer Emanuel Lewis, a detention security officer, initiated a lawsuit against Dallas County Sheriff Marian Brown, in her official capacity, seeking injunctive relief concerning the operation and conditions of the Dallas County Jail amidst the COVID-19 pandemic. Lewis, on behalf of himself and a class of Dallas County detention service officers, alleged the Sheriff acted ultra vires by failing to maintain a sanitary jail and abate a public health nuisance, and was negligent. The trial court granted Sheriff Brown's plea to the jurisdiction, dismissing the claims. On appeal, the Fifth District of Texas at Dallas affirmed the trial court's judgment, ruling that Lewis failed to plead an actionable ultra vires claim as the Sheriff's actions were within her discretionary authority, and the Texas Tort Claims Act does not waive immunity for claims seeking solely injunctive relief.

COVID-19Jail ConditionsGovernmental ImmunityUltra ViresInjunctive ReliefTexas Tort Claims ActDiscretionary AuthorityMinisterial DutiesPublic Health NuisanceClass Action
References
30
Case No. 05-20-00579-CV
Regular Panel Decision
May 19, 2021

Dallas County Sheriff Marian Brown, in Her Official Capacity v. David Daniels, Jodie Campbell, and Kellie McCullar, on Behalf of Themselves and a Class of Medically-Vulnerable Persons

This case involves an accelerated, interlocutory appeal by Dallas County Sheriff Marian Brown challenging a trial court's denial of her plea in abatement. Appellees, a class of medically vulnerable persons detained in the Dallas County Jail, sued Sheriff Brown for injunctive relief regarding conditions during the COVID-19 pandemic, alleging violations of the Texas Constitution, public health nuisance, negligence, and gross negligence. The Sheriff claimed governmental immunity. The Court of Appeals reviewed the claims, specifically addressing the viability of constitutional and ultra vires claims, and the applicability of the Texas Tort Claims Act. The court concluded that appellees failed to plead viable constitutional claims, that the Sheriff's actions were not ultra vires, and that the TTCA does not waive immunity for injunctive relief. The trial court's order was reversed, and the appellees' claims were dismissed for lack of subject matter jurisdiction.

Governmental ImmunitySubject Matter JurisdictionPlea to the JurisdictionUltra ViresTexas ConstitutionDue Process ClauseCruel and Unusual PunishmentDeliberate IndifferenceTexas Tort Claims ActInjunctive Relief
References
70
Case No. 04-99-00750-CV
Regular Panel Decision
Apr 12, 2000

Dallas County Civil Service Commission and Dallas County v. Betty Jean Warren

This appeal addresses the appropriate award of attorney's fees following a prior remand. Previously, the court reversed a trial court's judgment regarding an unjust dismissal claim but affirmed a due process claim, instructing a remand to award attorney's fees solely for the due process claim. On remand, Appellee Betty Jean Warren sought attorney's fees, initially requesting $86,111.50, which was voluntarily reduced to $62,842.75, along with a 25% enhancement for results achieved. Appellants Dallas County Civil Service Commission and Dallas County challenged the requested amount, asserting it was excessive. After considering the evidence, the trial court awarded $76,579.75 in attorney's fees at the trial level, plus conditional fees for any subsequent appeals. The appellate court reviewed the trial court's exercise of discretion in determining the award, ultimately affirming the judgment.

Attorney's FeesDue Process ClaimUnjust Dismissal ClaimAbuse of DiscretionTrial Court DiscretionAppellate ReviewTexas Disciplinary Rules of Professional ConductRule 1.04 FactorsContingency FeesRemand
References
7
Case No. 03-00-00398-CV
Regular Panel Decision
Jan 11, 2001

Burnet County Sheriff's Department and Burnet County, Texas v. Zarina Carlisle

Zarina Carlisle, a senior correctional officer, sued Burnet County Sheriff's Department and Burnet County for wrongful termination under the Texas Whistleblower Act, alleging retaliation for reporting unprofessional conduct by her supervisor, Captain Wendell Gilmore. Carlisle reported Gilmore's cursing and 'bad-mouthing' to Sheriff Joe Pollack, believing it violated county personnel policies and constituted disorderly conduct under the Texas Penal Code. Burnet County filed a plea to the jurisdiction, arguing that Carlisle failed to allege a 'violation of law' sufficient to waive sovereign immunity. The appellate court agreed, finding that internal personnel policies do not constitute a 'law' under the Whistleblower Act unless promulgated pursuant to a statute or ordinance, which was not established. Furthermore, Carlisle's allegations did not meet the elements for disorderly conduct. The court concluded that Carlisle failed to plead a cause of action sufficient to invoke the Act's waiver of sovereign immunity, reversing the district court's denial of Burnet County's plea to the jurisdiction.

Wrongful TerminationWhistleblower ActSovereign ImmunityPlea to the JurisdictionPublic EmployeeViolation of LawPersonnel PolicyDisorderly ConductTexas Court of AppealsAbuse of Authority
References
43
Case No. MISSING
Regular Panel Decision

Dallas County Civil Service Commission v. Warren

This appellate opinion addresses an appeal by the Dallas County Civil Service Commission and Dallas County against a judgment in favor of Betty Jean Warren, whose employment termination was upheld by the Commission. The Court of Appeals found two key errors: the Commission erroneously placed the burden of proof on Warren during her hearing, violating her due process rights, and the trial court improperly submitted the "substantial evidence" issue to a jury, which is a question of law. Consequently, the appellate court reversed the trial court's judgment. The case is remanded with instructions for the trial court to award Warren only attorney's fees related to her due process claim and to send the matter back to the Commission for a new hearing where the burden of proof will correctly rest on the County.

Employment LawDue ProcessBurden of ProofSubstantial Evidence RuleWrongful TerminationCivil Service CommissionPublic EmployeeAppellate ReviewRemandAttorneys' Fees
References
14
Case No. 03-99-00502-CV
Regular Panel Decision
May 31, 2000

Clayton Miller, D/B/A Trucks, Etc. v. Bell County, Texas, and Dan Smith, Sheriff of Bell County, Texas

Clayton Miller, operating as Trucks, Etc., sued Bell County, Texas, and Sheriff Dan Smith for damages. Miller claimed agents of the Bell County Sheriff's Department negligently released a truck he held title to, in violation of the Texas Code of Criminal Procedure. The district court granted summary judgment to the appellees based on sovereign and official immunity. The appellate court affirmed the district court's judgment, stating that Miller failed to establish legislative permission to sue for damages, and merely alleging a violation of law does not waive sovereign immunity for a tort claim seeking damages.

Sovereign ImmunityOfficial ImmunitySummary JudgmentTort ClaimNegligenceTexas Code of Criminal ProcedureTexas Civil Practice and Remedies CodeAppellate ReviewGovernmental ImmunityDamages Claim
References
15
Case No. 03-99-00408-CV
Regular Panel Decision
Dec 16, 1999

Margo Frasier, Travis County Sheriff, in Her Official Capacity And Travis County, Texas v. Elvina Yanes, Janet Cisneros and Patricia Mitchell

Three detention officers in the Travis County Sheriff's office were injured while performing their official duties. They sought a declaratory judgment asserting their entitlement to full salary during recovery under Article III, Section 52e of the Texas Constitution. Sheriff Margo Frasier and Travis County filed a plea to the jurisdiction, arguing the constitutional provision was not self-enacting, did not waive sovereign immunity, and that the officers failed to exhaust administrative remedies. The trial court denied the plea. The appellate court affirmed the district court's judgment, holding that Article III, Section 52e is self-enacting, implicitly waives sovereign immunity, and that exhaustion of administrative remedies was not required for pure questions of law.

Law Enforcement OfficersConstitutional EntitlementSovereign Immunity WaiverDeclaratory Judgment ActAdministrative Remedies ExhaustionTexas Constitutional LawPublic Official SalaryTravis CountyJudicial ReviewGovernmental Immunity
References
24
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Monroe County Deputy Sheriff's Ass'n & Monroe County/Monroe County Sheriff

This case involves an appeal from an order of the Supreme Court, Monroe County, which had denied a petition to confirm an arbitration award and granted a cross-petition to vacate it. The arbitration award mandated that Monroe County provide firearms and training to its deputies in the Civil Bureau of the Monroe County Sheriff's office. The Supreme Court had ruled that the award contravened public policy by infringing upon the Sheriff's discretionary authority under Judiciary Law § 400. However, the appellate court disagreed, concluding that the public policy exception did not meet the stringent criteria for overturning an arbitration award. Consequently, the appellate court reversed the Supreme Court's order, thereby confirming the original arbitration award and denying the cross-petition.

Arbitration AwardPublic Policy ExceptionCollective Bargaining AgreementMonroe County SheriffCivil Bureau DeputiesFirearms TrainingHealth and SafetyAppellate Court DecisionVacating Arbitration AwardConfirming Arbitration Award
References
4
Case No. 2025 NY Slip Op 02920 [238 AD3d 876]
Regular Panel Decision
May 14, 2025

Matter of Nassau County Sheriff's Corr. Officers Benevolent Assn., Inc. v. Nassau County

The Nassau County Sheriff's Correction Officers Benevolent Association, Inc. (the Union) appealed an order that denied its petition to vacate an arbitration award. The arbitration stemmed from a grievance alleging that Nassau County violated a collective bargaining agreement by not crediting compensatory time to Union members working during a COVID-19 state of emergency. The arbitrator ruled in favor of the County, and the Supreme Court confirmed this award. The Appellate Division, Second Department, affirmed the Supreme Court's decision, emphasizing the limited scope of judicial review for arbitration awards. The court found that the Union failed to prove the award was irrational or that the arbitrator exceeded their power, as the award was supported by the record and based on an interpretation of the CBA.

ArbitrationCollective Bargaining AgreementCPLR Article 75VacaturAppellate ReviewLabor DisputeCOVID-19Nassau CountyCompensatory TimeContract Interpretation
References
8
Case No. 09-04-477 CV
Regular Panel Decision
Oct 20, 2005

James Vandevender v. Honorable G. Mitch Woods, in His Official Capacity as Sheriff of Jefferson County, Texas and Jefferson County, Texas

James VanDevender, a deputy sheriff, appealed a trial court's decision regarding his entitlement to full salary continuation after an on-the-job injury. He argued that Article III, Section 52e of the Texas Constitution, which authorizes counties to pay injured law enforcement officials, should be interpreted to allow salary payments beyond the expiration of a sheriff's term if the deputy is re-deputized and the disability continues into a subsequent term. The trial court had ruled that his benefits ceased with the end of the sheriff's initial term. The Court of Appeals affirmed the trial court's judgment, holding that the plain language of Article III, Section 52e clearly states that salary payments 'shall cease on the expiration of the term of office to which such official was elected or appointed,' and this limitation applies even if the deputy is rehired for additional terms.

Public Official InjurySalary ContinuationConstitutional LawGovernment EmploymentWorkers' Compensation BenefitsTerm LimitsJudicial ReviewTexas Court of AppealsDeputy SheriffJefferson County
References
9
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