Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of December 07, 2009

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

City of Arlington v. Randall,   No. 02-08-00374-CV    (Dec. 10, 2009)   (Walker, J., joined by Gardner and McCoy, JJ.).

Held:   The trial court erred by denying Appellants the City and Turner’s motion to dismiss Turner from Randall’s claims seeking damages for alleged constitutional violations. The trial court did not err by denying Appellants’ motion to dismiss Turner from Randall’s request for declaratory judgment based on Appellants’ alleged constitutional violations. The trial court erred by denying the City’s plea to the jurisdiction on Randall’s claims seeking monetary and injunctive relief based on the City’s alleged constitutional violations and seeking declaratory judgment that evidence of his arrest be expunged. Randall is entitled to the opportunity to replead his claims for injunctive relief, if possible, to state such claims within the trial court’s jurisdiction. The trial court did not err by denying Appellants’ plea to the jurisdiction as to Randall’s request for a declaratory judgment that Appellants violated his rights under the Texas Constitution and for attorney’s fees.

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