Selected Recent Cases of Interest (various issues) Also see ----> Most recent cases
Fifth Circuit Dismisses Appeal in Harris County Bible Display Case as Moot, Remands Attorney Fee Issue to U.S. District Court Staley v. Harris County, (5th Cir. Apr. 24, 2007)(en banc) Bible Monument Case from Houston - En Banc Court to Review Injunction Order Staley v. Harris County, No. 04-20667 (5th Cir. Aug. 15, 2006)(Harris County Courthouse bible display unconstitutional under First Amendment establishment clause) En banc rehearing ordered Nov. 17, 2006.
Jury verdict in favor of teacher who alleged he was not rehired in retaliation for a prior law suit reversed on appeal - School District had abolished the position and hired substitute Adams vs. Groesbeck ISD No. 05-50362 (5th Cir. Jan. 9, 2007)(Title VII retaliation case, non-rehire decision, position not advertised, duties assigned to long-term substitute teacher)
Fifth Circuit Panel Disposed of Student's Appeal in One-Page Opinion Ross vs. Houston Commty College No. 06-20653 (5th Cir Jan. 9, 2007)(student has no cause of action under Title VII)
Reassigned Principal's First-Amendment Retaliation Case Fails Cavazos vs. Edgewood Indep. School Dist. No. 05-51417(5th Cir. Dec. 18, 2006) (first amendment, retaliatory adverse employment action, public employment; plaintiff not speaking as citizen but within scope of official duties, summary judgment for school district affirmed)
Potts v. Crosby ISD (5th Cir. Oct 18, 2006)(pro se suit dismissed, failure to state claim, sovereign immunity, preclusion order entered)
CWA v. Ector County Hospital District - En Banc Court Says No to "Union-Yes" Buttons at Work. Fifth Circuit, sitting en banc, overrules panel in case involving right to advocate for unions in the workplace Revised En Banc Opinion: CWA vs. Ector County Hosp. Dist., No. 03-50230 (5th Cir. Oct. 20, 2006). Original En Banc Opinion: Communications Workers of American v. Ector County Hospital District, No. 03-50230 (5th Cir. Oct. 5, 2006); also see Faculty Rights Coalition vs. Shahrokhi (5th Cir. 2006)(involving right to advocate for unionization of part-time Texas faculty on university email system in face of Texas statute prohibiting unionization of public employees and collective bargaining, and university email usage restrictions).
Meyers v. State of Texas, No. 02-50452 (5th Cir. June 29, 2006)(invocation of state sovereign immunity in state court)(Texas may assert its state sovereign immunity as defined by its own law as a defense against the plaintiffs’ claims in the federal courts, but it may not use it to defeat federal jurisdiction or as a return ticket back to the state court system. See Lapides v. Bd. of Regents of Georgia , 535 U.S. 613, 122 S.Ct. 1640 (2002)(holding that when a State removes to federal court a private state court suit based on a federal-law claim, it invokes federal jurisdiction and thus waives its unqualified right to object peremptorily to the federal district court's jurisdiction on the ground of state sovereign immunity.)
Faculty Rights Coalition v. Hanks (5th Cir. June 30, 2006)(pet. of cert filed Dec. 7, 2006, No. 06-784) Recusal, judicial disqualification, conflicts of interest; dismissal of civil rights action against judges who fail to recuse from cases involving university from which they accept money for teaching affirmed, on lack-of-standing grounds. For Plaintiffs' view, see: Appellants' Brief on the Merits
Whiting v. Univ. of Southern Mississippi (5th Cir June 2, 2006)(tenure denied despite excellent prior reviews Tenure denial; Section 1983 due process, equal protection, and first amendment retaliation claims all fail No constitutionally protected interest in getting tenure, only contractual procedural rights via faculty handbook; Equal protection class of one claim reviewed under rational basis test, first amendment claim lacks fact issue regarding causal connection between a protected activity and adverse employment action; Partial summary judgment on federal claims affirmed; no error in remand of state law claims to state court
Colleges and Universities: Employment (Section 1983 of the Civil Rights Act, Title VII)
Newsome v. Collin County Community College District, No. 05-41791 (5th Cir. July 14, 2006) (Title VII retaliation, sexual harassment, judgment as a matter of law for defendant affirmed; plaintiff failed to rebut asserted reasons as pretextual; proximity in time of complaint and alleged adverse employment action not sufficient to create jury issue)
Septimus v. Univ. of Houston, 399 F.3d 601 (5th Cir. 2005) (sex discrimination, hostile environment) Susan Septimus (Plaintiff's lawyers: Ahmad, Golub) v. University of Houston System (Defendant's counsel: Dona Glimm Hamilton)
Foley v. Univ. of Houston Sys., 355 F.3d 333 (5th Cir. 2003) (race discrimination, First Amendment) Roy Foley and Nora Hutto (Attorney Larry Wade Watts) v. University of Houston System (Assistant Attorney General Kimble-Wright)
Mauder v. Metro, (5th Cir., April 14, 2006)(FMLA, ADA)(Retaliation, pretext, legitimate non-retaliatory reason, job performance issues,Probation, progressive discipline, improvement plan, temporal proximity between protected activity and adverse employment action, medical condition, diarrhea, disability, as-needed restroom,breaks denied, fired for tardiness in returning from scheduled restroom breaks)
Bledsoe, Jr. v. City of Horn Lake, Mississippi (5th Cir, May 10, 2006)(due process, name clearing hearing) Belt v. EmCare, Inc. (5th Cir 2006)(FLSA overtime, professional exemption, are paraprofessionals exempt?) Johnson v. Houston's Restaurant (5th Cir. 2006)(FLSA) Harvill v. Westward Communications, L.L.C., No. 04-40418 (5th Cir. Dec. 13, 2005)(harassment) Baldridge v. SBC, (5th Cir 2005)(FLSA) Mello v. Sara Lee Corp., 431 F.3d 440 (5th Cir. 2005)(ERISA estoppel) Rubinstein v. Adm’rs of the Tulane Educ. Fund, 218 F.3d 392 (5th Cir. 2000) West v. Nabors Drilling USA, Inc., 330 F.3d 379 (5th Cir. 2003) (ADEA, age discrimination, attorney's fees and costs) Fabela v. Socorro, (5th Cir 2003) Green v. Adm’rs of Tulane Educ. Fund , 284 F.3d 642 (5th Cir. 2002)(sexual harassment, retaliation) Rubinstein v. Adm’rs of the Tulane Educ. Fund, 218 F.3d 392 (5th Cir. 2000) U.S. Supreme Court holds Title VII 15-employee minimum not jurisdictional, may be waived See --> Arbaugh v. Y&H Corp
Smith v. East Baton Rouge Parish School Board, No. 04-31199 (5th Cir. June 22, 2006)(FMLA differences between positions before and after leave) Mauder v. Metro, (5th Cir., April 14, 2006)(FMLA, ADA) Retaliation, pretext, legitimate non-retaliatory reason, job performance issues, Probation, progressive discipline, improvement plan, temporal proximity between protected activity and adverse employment action, medical condition, diarrhea, disability, as-needed restroom, breaks denied, fired for tardiness in returning from scheduled restroom breaks Richardson v. Monitronics Int'l, Inc., ___F.3d ___ (5th Cir. 2005)(FMLA retaliation) Roberson v. Game Stop, Inc. (5th Cir. 2005)(FMLA return to same or equivalent position after leave) Hardin v. Caterpillar, Inc., 227 F.3d 268 (5th Cir. 2000) (ADA, FMLA, PDA,Title VII, sex, gender, pregnancy discrimination, damages) Laxton v. Gap, Inc., 333 F.3d 572 (5th Cir. 2003) (PDA) Stout v. Baxter Healthcare Corp., 282 F.3d 856 (5th Cir. 2002) (PDA, pregnancy, miscarriage) Wallace v. The Methodist Hospital System, 271 F.3d 212 (5th Cir. 2001)(PDA, pregnancy) Rubinstein v. Adm’rs of the Tulane Educ. Fund, 218 F.3d 392 (5th Cir. 2000) Migis v. Pearle Vision, Inc., 135 F.3d 1041 (5th Cir. 1998)(PDA) Urbano v. Continental Airlines, 138 F.3d 204 (5th Cir. 1998)(PDA)
College and Universities: Students
Justice for All v. Falkner [University of Texas], 410 F.3d 760 (5th Cir. 2005). University's prohibition of anonymous distribution of leaflets found unconstitutional under the First Amendment.
Pro-Life Cougars v. Univ. of Houston, 259 F.Supp. 2d 575 (S.D. Tex. 2003). Pro-Life Cougars and Janice Tullos (Attys Tapp, Bull) v. University of Houston (Asst AG Todd) University's restrictions on on-campus expressive activity found unconstitutional under the First Amendment
Thomas v. Univ. of Houston, 2005 WL 2902207 (5th Cir. Nov. 4, 2005) Blewett Thomas (atty proceeding pro se) v. University of Houston (Asst AG Wong) State university not immune to claim brought against it under Rehabilitation Act. The federal government intervened in this case. See Brief of the United States.
School Districts and School Law (teachers, students, parents)
Doe vs. Tangipahoa Parish School Board, No. 05-30294 (5th Cir. Dec. 15, 2006)(first amendmen, establishment clause, school prayer challenge, Lemon test, injunction limited)
Doe v. San Antonio Indep. Sch. Dist. (5th Cir. Aug. 17., 2006) Student left school without permission and suffered harm, school administrator entitled to qualified immunity
Doe vs. Tangipahoa Parish School Board, No. 05-30294 (5th Cir. Dec. 15, 2006)(first amendment, establishment clause, school prayer challenge, Lemon test, injunction limited)
Staley v. Harris County, No. 04-20667 (5th Cir. Aug. 15, 2006)(Harris County Courthouse bible display unconstitutional under First Amendment establishment clause) En banc rehearing ordered Nov. 17, 2006.
Wallace v. County of Comal, Texas, No. 04-50280 (5th Cir. Feb. 14, 2006) (First Amendment retaliation, speech re: official misconduct, matters of public concern; interlocutory qualified immunity appeal dismissed; leave to amend to name individual defendants after discovery shows their involvement in adverse personnel action, review of collateral order in ILA)
White Buffalo Ventures, LLC v. Univ. of Texas, 420 F.3d 366 (5th Cir. 2005)(certiorari denied). White Buffalo Ventures v. University of Texas at Austin, 04-50362, 2005 WL 1806353 (5th Cir. August 2, 2005). University's blocking of commercial mass email (spam) from its e-mail servers does not violate First Amendment. UT's policy not preempted by federal CAN-SPAM Act.
Rivera v. Housing Authority of the City of El Paso No. 04-50363)(5th Cir. July 18, 2005) (First Amendment, public fora, designated, limited, forum analysis, trespass, leafleting, prior restraint, prior approval, narrowly tailored, viewpoint discrimination, viewpoint neutrality, state interest, balancing)
Comm. Workers of America v. Ector County, 392. F.3d 733 (5th Cir. 2004)(First Amendment union speech in the work place, public employer, union drive, "Union Yes" buttons, dress code)
Foley v. Univ. of Houston Sys., 355 F.3d 333 (5th Cir. 2003) (race discrimination, First Amendment) Roy Foley and Nora Hutto (Attorney Larry Wade Watts) v. University of Houston System (Assistant Attorney General Kimble-Wright)
Chiu v. Plano Indep. School Dist., 260 F.3d 330 (5th Cir. 2001)(FIrst Amendment, students, parents, public schools, fliers, leaflets, prior restraint, censorship, limited, designated public forum)
Older Fifth Circuit First Amendment Cases:
Brawner v. City of Richardson, Tex., 855 F.2d 187 (5th Cir. 1988) Wilson v. UT Health Ctr., 973 F.2d 1263 (5th Cir. 1992)
Federal Sovereign Immunity Case Law (11th Amendment immunity)
Meyers v. State of Texas, No. 02-50452 (5th Cir. June 29, 2006)(invocation of state sovereign immunity in state court)(Texas may assert its state sovereign immunity as defined by its own law as a defense against the plaintiffs’ claims in the federal courts, but it may not use it to defeat federal jurisdiction or as a return ticket back to the state court system. See Lapides v. Bd. of Regents of Georgia , 535 U.S. 613, 122 S.Ct. 1640 (2002)(holding that when a State removes to federal court a private state court suit based on a federal-law claim, it invokes federal jurisdiction and thus waives its unqualified right to object peremptorily to the federal district court's jurisdiction on the ground of state sovereign immunity.) Scott v. Pfizer, Inc. (5th Cir. July 18, 2006) (Eleventh Amendment immunity not waived by receipt of Medicare / Medicaid funds for surgery; payment not contingent on waiver)
Miller v. Tex. Tech Univ. Health Sci. Ctr., 421 F.3d 342 (5th Cir. 2005) (en banc) Miller v. Texas Tech. University Health Science Center. (If the involved state agency or department accepts federal financial assistance, it waives its Eleventh Amendment immunity).
Pace v. Bogalusa City Sch. Bd., 403 F.3d 272 (5th Cir. 2005) (en banc) Pace v. Bogalusa City School Board. (Eleventh Amendment sovereign immunity to claims under §§ 504 of the Rehabilitation Act is waived by any state or state agency that accepts federal funds made available by Congress under the authority of the Spending Clause of the United States Constitution and clearly and expressly conditioned on waiver of immunity).
Pederson v. La. State Univ., 213 F.3d 858, 875-76 (5th Cir. 2000) (concluding that Section 2000d-7 validly conditions acceptance of federal funds on a waiver of sovereign immunity to claims under Title IX).
Qualified Immunity Cases
DeLeon vs. City of Dallas No. 05-10721 (5th Cir. Oct. 18, 2006)(1983 suit, wrongful arrest, qualified immunity, interlocutory appeal)
Doe v. San Antonio Indep. Sch. Dist. (5th Cir. Aug. 17., 2006)(supervision of students in school) [student left school without permission, school administrator entitled to qualified immunity]
Mack v. City of Abilene, No. 05-10844 (5th Cir Aug. 16, 2006)(qualified immunity, unconstitutional search)
Other Cases Brought By Students (including federal district courts)
Scanlon v. Texas A&M Univ., 343 533 (5th Cir. 2003) Shaboon v. Duncan, 252 F.3d 722 (5th Cir. 2001) Teitel v. University of Houston Bd. of Regents, 285 F. Supp. 2d 865 (S.D.Tex. 2002)
Other Cases Brought By Faculty (including federal district courts)
Faculty Rights Coalition v. Hossein Shahrokhi, 2005 WL 1657116 (S.D.Tx., Jul 13, 2005) U.S. District Court - Southern District of Texas - Houston Division (Opinion by Hon. Lee H. Rosenthal) (First Amendment and access to and use of university e-mail system for labor union advocacy)
Lowery v. Univ. of Houston, Clear Lake, 82 F.Supp. 2d 689 (S.D.Tex. 2000)
Other Recent Cases of Interest
White Buffalo Ventures LLC v. The University of Texas at Austin, No. A:03-CA-296 JN United States District Court, Western District of Texas, Austin, TX (Opinion by Honorable Sam Sparks) (access to university email system for distribution of commercial messages)
Goodman v. Harris County, (5th Cir 2006)(Civil Rights Act, appellate jurisdiction, collateral order doctrine, appealable orders, sua sponte, discovery orders, mental examination)
Laws v. Morgan Stanley Dean Witter (5th Cir. June 6, 2006)(Arbitrator's denial of motion for continuance for further discovery did not deny party requesting delay a fair hearing where case had been pending for more than three years and party was not diligent in seeking discovery)
Bollore v. Import Warehouse (5th Cir. June 2, 2006)(Piercing corporate veil, alter ego, personal liability, in personam jurisdiction, Texas Turnover Statute)