Note: Included cases are from January 11, 2023 through February 10, 2023.
Qualified Immunity: Bernabe v. Rosenbaum, No. 21-10396, 2023 WL 181099 (5th Cir. Jan. 13, 2023). Bernabe sued the City of Arlington and two police officers for their use of tasers on him after a foot chase. The trial court granted the officers’ motion for summary judgment based on qualified immunity and Bernabe appealed.
The appellate court affirmed the trial court, holding that Bernabe had failed to meet his burden after the defendants claimed qualified immunity because he failed to show that use of the taser was objectively unreasonable.
Tort Claims Act: Laborfest, L.L.C. v. City of San Antonio, No. 22-50038, 2023 WL 1434272 (5th Cir. Feb. 1, 2023). Laborfest sued the City of San Antonio for breach of contract after ticket sales for a planned music festival fell short of expectations, requiring Laborfest to cancel the festival. The trial court granted the city’s motion for summary judgment based on governmental immunity, and Laborfest appealed.
The appellate court affirmed the trial court’s grant of summary judgment, holding that a contract for a music festival to take place in the city’s convention center is defined as a governmental function under the Texas Tort Claims Act rather than a proprietary function, so immunity was not waived.