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

Case No. MISSING
Regular Panel Decision

Denton v. Texas Department of Public Safety Officers Ass'n

Lane Denton sued the Texas Department of Public Safety Officers Association (DPSOA) and other appellees for wrongful termination, breach of contract, intentional infliction of emotional distress, violation of privacy, and tortious interference with business. Denton invoked his Fifth Amendment privilege against self-incrimination during discovery due to a pending criminal indictment for misappropriation of DPSOA funds. The trial court denied his requests for abatement and a protective order, subsequently dismissing his civil suit for non-compliance with discovery. The appellate court reversed the trial court's judgment, finding that Denton did not waive his privilege by 'offensive use' under the *Republic Insurance Co. v. Davis* test. The court also concluded that dismissal was an excessive sanction given Denton's legitimate assertion of his constitutional rights, and remanded the case for further proceedings.

Fifth AmendmentSelf-IncriminationDiscovery AbuseSanctionsCivil ProcedureDue ProcessEmployment LawWaiverAppellate ReviewTexas Law
References
21
Case No. 3-92-522-CV
Regular Panel Decision
Sep 15, 1993

Lane Denton v. Texas Department of Public Safety Officers Association

Appellant Lane Denton sued the Texas Department of Public Safety Officers Association (DPSOA) and others for wrongful termination and various torts after his employment as Executive Director was terminated. Denton invoked his Fifth Amendment privilege against self-incrimination during discovery, as he was also under criminal indictment for misappropriation of DPSOA funds. The district court dismissed his civil suit for failure to comply with discovery. The Court of Appeals reversed, holding that the trial court erred in dismissing the cause without applying the Republic Insurance Co. v. Davis test for offensive-use waiver of privilege, and also found the dismissal to be an excessive sanction given Denton's legitimate assertion of his constitutional privilege and the availability of less burdensome remedies like abatement.

Fifth Amendment privilegeSelf-incriminationDiscovery sanctionsAbatement of civil actionWrongful terminationDue processOffensive use waiverTexas Rule of Civil Procedure 215Appellate reviewCivil procedure
References
24
Case No. 03-21-00120-CV
Regular Panel Decision
Feb 24, 2022

Brian Manley, Chief of Austin Police Department Brian Manley, Individually Commander Mark Spangler, Austin Police Department Lt. Jerry Bauzon, Austin Police Department Officer Benjamin Bloodworth, Austin Police Department Officer Collin Fallon, Austin Police Department Sgt. Eric Kilcollins, Training Coordinator, Austin Police Academy And Officer Shand, Lead Instructor, Stress Reaction Training, Austin Police Academy v. Christopher Wise

Christopher Wise, a former Austin Police Academy cadet, sued Brian Manley (APD Chief) and six other APD officers after sustaining severe injuries, including heat exhaustion and stroke, during a stress reaction training in October 2018. Wise alleged that officers intentionally discouraged cadets from hydrating despite high temperatures and failed to provide timely medical aid. The defendants sought dismissal under the Texas Tort Claims Act's election-of-remedies provisions. The district court dismissed claims against the City of Austin and APD but not against the individual officers. The appellate court reversed the district court's decision, ruling that Wise's claims against the individual officers were based on conduct within the scope of their employment and could have been brought under the TTCA, thus mandating their dismissal.

Texas Tort Claims ActGovernmental ImmunityElection of RemediesScope of EmploymentPolice MisconductCadet InjuryHeat IllnessSupervisor NegligenceAppellate CourtReversal
References
25
Case No. 03-18-00740-CV
Regular Panel Decision
Mar 06, 2020

Gerard Matzen// Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office v. Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office// Cross-Appellee, Gerard Matzen

Gerard Matzen appealed a district court's partial grant of Appellees' plea to the jurisdiction in his civil commitment case under the sexually violent predator (SVP) statute, challenging rulings on his APA, ultra vires, and immunity claims. The Texas Civil Commitment Office (TCCO) and its Director Marsha McLane cross-appealed the denial of their plea regarding Matzen's procedural due process and takings claims. The Court of Appeals affirmed the district court's order, finding Matzen's APA and ultra vires claims invalid and qualified immunity inapplicable. However, the court upheld the district court's denial of the plea concerning Matzen's procedural due process and takings claims, concluding they presented viable constitutional questions requiring further factual development.

Civil commitmentSexually Violent Predator ActPlea to the jurisdictionSovereign immunityUltra vires claimsAdministrative Procedure ActDue processTakings clauseCost recovery feesGovernment agency authority
References
65
Case No. 07-18-00324-CV
Regular Panel Decision
Feb 27, 2019

David Sloan Federal Public Defender's Office, Lubbock, Texas Greg Abbott, Governor of the State of Texas Ken Paxton, Attorney General of the State of Texas Steven C. McCraw, Director, Texas Department of Public Safety Sheriff Cliff Harris, Pecos County Pecos County Sheriff's Department v. John Alan Conroy

Steven C. McCraw, Director of the Texas Department of Public Safety (DPS), appealed the denial of a plea to the jurisdiction in a case brought by John Alan Conroy. Conroy, a pro se inmate, sought electronic recordings of an interrogation related to a federal child pornography conviction and $20,000,000 in damages for alleged constitutional rights violations under the Texas Constitution. McCraw argued sovereign immunity barred Conroy's claims for monetary damages. The Court of Appeals construed Conroy's petition as a suit for a writ of mandamus under the Texas Public Information Act (PIA) regarding the disclosure of the recordings, which is not barred by sovereign immunity. The court affirmed the denial of McCraw's plea to the jurisdiction regarding the mandamus action but modified the order to dismiss Conroy's claim for monetary damages due to sovereign immunity.

Sovereign ImmunityPublic Information ActMandamusDue ProcessTrial Court JurisdictionAppellate ReviewTexas Government CodeTexas Family CodePro Se LitigantDeclaratory Judgment
References
13
Case No. 03-23-00316-CV
Regular Panel Decision
Apr 16, 2025

City of Killeen, Texas and Ground Game Texas v. Bell County, Texas; The 27th Judicial District Attorney's Office; And the Bell County Attorney's Office

The City of Killeen, Texas, and Ground Game Texas appealed the trial court's denial of their pleas to the jurisdiction. The underlying lawsuit, filed by Bell County, the 27th Judicial District Attorney’s Office, and the Bell County Attorney’s Office, challenged the constitutionality and validity of a Killeen ordinance decriminalizing misdemeanor marijuana possession. Appellants argued that the appellees lacked standing and that governmental immunity barred the suit. The appellate court affirmed the trial court's order, concluding that the District Attorney’s Office had standing due to the ordinance's interference with its prosecutorial discretion and duties. It also found that governmental immunity was waived for challenges to an ordinance's validity and for concurrent claims for injunctive relief under the Uniform Declaratory Judgments Act.

Decriminalization OrdinanceMarijuana PossessionPlea to the JurisdictionGovernmental ImmunityStandingProsecutorial DiscretionUniform Declaratory Judgments ActTexas Local Government CodeTexas Health & Safety CodeTexas Code of Criminal Procedure
References
29
Case No. 03-15-00642-CV
Regular Panel Decision
Nov 09, 2015

Travis County Sheriff's Office Senior Certified Peace Officer Dennis Tumlinson v. Carolyn Barnes

Carolyn Barnes sued Officer Dennis Tumlinson, a Travis County Sheriff’s Office Senior Certified Peace Officer, and other Travis County employees, alleging civil and constitutional rights violations, conspiracy, assault, and perjury. Barnes sought monetary damages, injunctive relief, and a declaratory judgment. The Travis County Defendants, including Tumlinson, filed a motion to dismiss for lack of subject matter jurisdiction. The trial court granted dismissal for most defendants but denied it for Officer Tumlinson. This document is Officer Tumlinson’s appeal, arguing that the trial court erred in denying his motion to dismiss. The appellant asserts that the court lacks jurisdiction and that he is entitled to immunity based on affirmative defenses of official immunity, statute of limitations, and res judicata. The brief details the history of Barnes's arrests and prior lawsuits against various entities and individuals in Travis and Williamson Counties, framing the current case as a malicious prosecution and collateral attack on criminal judgments.

Official ImmunityQualified ImmunitySubject Matter JurisdictionStatute of LimitationsRes JudicataCivil Rights ViolationsConstitutional RightsFalse ArrestMalicious ProsecutionAggravated Perjury
References
132
Case No. 13-17-00501-CV
Regular Panel Decision
Apr 25, 2019

Texas Department of Public Safety v. Herminio Pasillas

The Texas Department of Public Safety (Department) appealed a county court's judgment that reversed the suspension of Herminio Pasillas's driver's license. Pasillas was arrested for driving while intoxicated (DWI) after being stopped for an inoperable taillamp, exhibiting signs of intoxication, and failing field sobriety tests, with a subsequent breath test showing an alcohol concentration of 0.091. An administrative law judge (ALJ) initially suspended Pasillas's license, finding sufficient evidence for the stop, arrest, and intoxication, but the county court reversed this decision. On appeal, the Thirteenth District Court of Appeals independently reviewed the ALJ's decision under a substantial evidence standard. The appellate court held that substantial evidence supported the ALJ's findings and rejected Pasillas's arguments regarding the untrustworthiness of the officer's sworn report and unpreserved issues from the ALR hearing. Consequently, the Court of Appeals reversed the county court's judgment and reinstated the suspension of Pasillas's driver's license.

Driver's License SuspensionDWIAdministrative License Revocation (ALR)Substantial Evidence ReviewProbable CauseReasonable SuspicionAdmissibility of EvidenceOfficer's Sworn ReportBreath TestTraffic Violation
References
18
Case No. 2015 NY Slip Op 07262
Regular Panel Decision
Oct 07, 2015

Westchester County Correction Superior Officers Ass'n v. County of Westchester

The case involves an action brought by the Westchester County Correction Superior Officers Association and several retired correction officers against the County of Westchester. The plaintiffs sought damages for an alleged breach of a collective bargaining agreement, claiming the county failed to provide benefits equivalent to Workers' Compensation Law for permanent disability. The Supreme Court, Westchester County, initially denied the defendants' motion to dismiss but later granted their motion for summary judgment, dismissing the complaint. The Supreme Court also denied the plaintiffs' cross-motion to amend their complaint. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's decision, concluding that no provision in the collective bargaining agreement mandated such payments and that the proposed amendment to the complaint lacked merit.

Collective Bargaining AgreementBreach of ContractSummary JudgmentWorkers' Compensation BenefitsLoss of Earning CapacityPermanent DisabilityLeave to Amend ComplaintAppellate ReviewAffirmationJudiciary Law
References
2
Case No. 03-17-00352-CV
Regular Panel Decision
Aug 22, 2018

Vista Medical Center Hospital Vista Healthcare, Inc. And Surgery Specialty Hospital, Inc.// State Office of Risk Management v. State Office of Risk Management// Vista Medical Center Hospital Vista Healthcare, Inc. And Surgery Specialty Hospital, Inc.

This case involves cross-appeals stemming from a dispute over the appropriate reimbursement for medical services provided by Vista Medical Center Hospital and its affiliates to injured employees covered by the State Office of Risk Management (SORM) under Texas workers’ compensation statutes. The district court had affirmed 23 administrative orders that required SORM to make additional payments to Vista, a decision which SORM challenged on appeal citing insufficient evidence. Vista, in turn, cross-appealed the district court's denial of prejudgment interest. The appellate court found substantial evidence supported the administrative law judges' conclusion that SORM's original reimbursement model was unfair and unreasonable, and that Vista's proposed methodology was valid. Consequently, the court affirmed the district court's judgment but modified it to include the prejudgment interest that Vista was statutorily entitled to.

Workers' CompensationMedical ReimbursementAdministrative LawAppellate ReviewSubstantial EvidencePrejudgment InterestTexas LawHealthcare ProvidersInsurance DisputesFee Guidelines
References
23
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