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Sep. 21, 2009 Police Officer sues Chief over Policy of Handing Illegal Aliens
Joslyn M. Johnson vs. Harold Hurtt, in his official capacity as Chief of Police, City of Houston, Cause No.
2009-60471, assigned to the 151st District Court, Judge Mike Engelhart presiding.
FROM THE ORIGINAL PETITION:
Plaintiff, a Sergeant in the Houston Police Department, challenges current policies,
practices, and procedures of the Houston Police Department that substantially restrict, if
not prohibit, Plaintiff from communicating with U.S. Immigration and Customs
Enforcement ("ICE") about illegal aliens who are criminally present in the United States.
2. Plaintiff does not seek to detain or arrest persons in order to inquire about their
immigration status. Rather, Plaintiffs seeks to· use her professional judgment to determine
when it is appropriate to contact ICE to inquire or provide information about a person's
immigration status if, in the course of carrying out her duties and responsibilities as a law
enforcement officer, she has reason to believe a crime may have been committed. The
Houston Police Department's current policies, practices, and procedures largely prohibit
such communications and harm Plaintiff's ability to carry out her duties and
responsibilities as a law enforcement officer. They also deprive her of her right to
freedom of expression under the U.S. and Texas constitutions and federal law.

Aug. 31, 2009: News from Harris County District Clerk's Office: BARC Whistleblower Suit
BARC vet files whistleblower suit against City of Houston: Gil Costas, DVM v. The City of Houston  
(click for
original petition in Cause No. 2009-55767, assigned to the 190th District Court (Hon. Kerrigan)

HOUSTON COURTS OF APPEALS CASES WITH THE CITY OF HOUSTON AS
A PARTY
 

Miller v. City of Houston [and its police chief] (Tex.App.- Houston [14th Dist.] Mar. 23, 2010)(Mirabal)  
(
city civil service, disciplinary proceeding appeal, plea to the jurisdiction)(hearing examiner was not
authorized to impose a suspension of more than fifteen days)
REVERSED AND REMANDED: Opinion by
Justice Mirabal        
Before Chief Justice Hedges, Justices Anderson and Mirabal    
14-08-01018-CV Lt. Ken Miller v. City of Houston and Harold Hurtt   
Appeal from 215th District Court of Harris County
Trial Court Judge:
Levi James Benton   

Carlson v. City of Houston (Tex.App.- Houston [14th Dist.] Feb. 18, 2010)(Boyce) (appeal from grant of
plea to the jurisdiction succeeds, district court’s order dismissing appellants’ case for want of jurisdiction
reversed,
statutory right to judicial review, building safety ordinance)
REVERSED AND REMANDED: Opinion by
Justice Bill Boyce      
Before Justices Frost, Boyce and Sullivan    
14-08-01044-CV   James and Elizabeth Carlson, Jose and Elizabeth Referente, Roger Compodonico,
Sergio A. Lopez, Yan Wang and Hui Yao, Danial and Andrea Seluk, Robert Hutchins, Robert and Kelly
Farfan, Bonnie Corbett, Helen Pagola, and Manny Espinola v. City of Houston    
Appeal from 152nd District Court of Harris County
Trial Court Judge:  
Ken Wise

Seiflein v. City of Houston (Tex.App.- Houston [1st Dist.] Feb. 4, 2010)(Higley)
(
ad valorem tax delinquency suit judgment affirmed)
AFFIRM TC JUDGMENT: Opinion by
Justice Higley     
Before Chief Justice Radack, Justices Alcala and Higley
01-09-00361-CV   Phil Seiflein v. City of Houston    
Appeal from 164th District Court of Harris County
Trial Court Judge:  
Hon Alexandra Smoots-Hogan  

City of Houston v. Chemam (pdf) (Tex.App.- Houston [1st Dist.] Jan. 14, 2009)(Keyes)
(
governmental immunity, plea to the jurisdiction improperly denied, wrong court for inverse condemnation)
We reverse the order of the trial court denying the City’s plea to the jurisdiction. We render judgment dismissing the
Chemams’ detrimental reliance, estoppel, tort, UDJA, and selective enforcement claims for lack of subject matter
jurisdiction. We dismiss the case without prejudice to the Chemams’ bringing their inverse condemnation claim in a court
of appropriate jurisdiction.
EVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes  
Before Justices Keyes, Alcala and Hanks   
01-08-01005-CV City of Houston v. Sherif Chemam and Diann Chemam   
Appeal from 113th District Court of Harris County
Trial Court Judge:
Hon. Patricia Hancock    

City of Houston v. Norcini (Tex.App.- Houston [1st Dist.] Nov. 19, 2009)(Higley)
(
unconstitutional taking - flood control ordinance, ripeness issue, denial of plea to the jurisdiction affirmed)
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Justice Laura Carter Higley     
Before Justices Jennings, Higley and Sharp   
01-09-00426-CV  The City Of Houston v. Bruce A. Norcini   
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court Judge:
Hon. Linda Storey

City of Houston v. Tones (Tex.App.- Houston [14th Dist.] Oct. 8, 2009)(Anderson)
(
no basis for city's appeal from independent hearing examiner's decision in disciplinary proceeding)
VACATED AND DISMISSED: Opinion by
Justice Anderson      
Before Justices Anderson, Seymore and Boyce  
14-08-00209-CV  City of Houston v. Thelma J. Tones    
Appeal from 55th District Court of Harris County
Trial Court Judge: Jeff Brown

City of Houston v. HS Tejas, Ltd. (Tex.App.- Houston [1st Dist.] Oct. 22, 2009)(Massengale)
(
inverse condemnation, regulatory takings claim, plea to the jurisdiction proper, ripeness issue,
opportunity to amend)
REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER
PROCEEDINGS: Opinion by
Justice Massengale    
Before Chief Justice Radack, Justices Bland and Massengale
01-09-00393-CV   City of Houston v. HS Tejas, Ltd   
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge:
Hon. Jacqueline Lucci Smith

East Houston Estate Apartments, LLC v. City of Houston (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)
(Opinion by Keyes)(
city held immune, City of Mexia v. Tooke progeny, statutory waiver for breach of
contract suits against local governments not applicable)(trial court did not err in sustaining the City's plea
to the jurisdiction)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Evelyn Keyes     
Panel members: Justices Keyes, Hanks and Bland   
01-08-00966-CV East Houston Estate Apartments, L.L.C. v. The City of Houston   
Appeal from 333rd District Court of Harris County
Trial Court Judge:
Hon. Lamar McCorkle  

The City of Houston v. Williams (Tex.App.- Houston [14th Dist.] Mar. 31, 2009)(Seymore) (Op. on remand
by Seymore) (
governmental entity immunity, plea to the jurisdiction, immunity waiver by statute, firefighter
pay claims)
We conclude the City's ordinances setting forth the essential terms of  the firefighters'
overtime and termination pay constitute written contracts subject to the waiver of
governmental immunity in Texas Local Government Code section 171.152.  Accordingly, we
overrule the City's sole issue and affirm the order of the trial court.
AFFIRMED: Opinion by Justice Seymore   
Before Justices Brock Yates, Seymore and Boyce
14-08-00059-CV The City of Houston v. Steve Williams, Et Al
Appeal from 80th District Court of Harris County
Trial Court Judge:
Llynn Bradshaw-Hull

City of Houston v. Estrada (Tex.App.- Houston [14th Dist.] Mar. 26, 2009)(Boyce)
(
Public Information Act, open records act, plea to the jurisdiction, governmental entities law)
AFFIRMED: Opinion by
Justice Bill Boyce    
Before Justices Frost, Brown and Boyce  
14-08-00900-CV The City of Houston v. Larry Edgar Estrada and Mayer Brown, L.L.P., f/k/a Mayer
Brown, Rowe & Maw, L.L.P.   
Appeal from 129th District Court of Harris County
Trial Court Judge:
Samuel Grant Dorfman

City of Houston v. O'Fiel, No. 01-08-00242-CV, 2009 WL 214350 (Tex. App—Houston [1st Dist.] Jan. 29,
2009, pet. filed)(Hanks) (
regulatory taking, flood zone land use, ripeness doctrine)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks  
Before Justices Jennings, Hanks and Bland  
01-08-00242-CV  The City of Houston v. John O'Fiel and Mary Jane O'Fiel
Appeal from Co Civil Ct at Law No 1 of Harris County
Trial Court Judge:
Hon. R. Jack Cagle

The City of Houston v. Petroleum Traders (Tex.App.- Houston [14th Dist.] July 24, 2008)(Boyce)
(
City of Houston litigation, immunity to contract claim waived by statute)
AFFIRMED: Opinion by Justice Boyce  
Before Justices Brock Yates, Guzman and Boyce
14-07-00752-CV The City of Houston v. Petroleum Traders Corporation
Appeal from 151st District Court of Harris County
Trial Court
Judge: Caroliine Elizabeth Baker

City's appeal of civil service commission's decision in disciplinary matter not
authorized, judicial review suit dismissed
City of Houston v. Buttitta (Tex.App.- Houston [1st Dist.] July 17, 2008)(Hanks)
(DJA,
firefighters and policemen, disciplinary action) (plea to the jurisdiction against city proper)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks  
Before Justices Alcala, Hanks and Higley
01-07-00323-CV        City of Houston v. Joseph A. Buttitta
Appeal from 113th District Court of Harris County
Trial Court
Judge: Hon. Patricia Hancock

Governmental immunity waived by statute for breach of contract claim, but not for
consequential damages in the form of lost profits or recovery in quantum meruit or for
conversion of fuel delivered by city contractor
City of Houston v. Petroleum Traders Corp. (Tex.App.- Houston [14th Dist.] July 3, 2008)(Boyce)
(
city's immunity claim, waived for breach of contract by statute, City of Houston litigation, Tooke followed)
AFFIRMED: Opinion by Justice Boyce  
Before Chief Justice Hedges, Justices Fowler and Boyce
14-07-00752-CV The City of Houston v. Petroleum Traders Corporation
Appeal from 151st District Court of Harris County
Trial Court
Judge: Caroline Elizabeth Baker
The City of Houston appeals from orders denying its plea to the jurisdiction on the claims of Petroleum
Traders Corporation ("PTC" for (1) breach of contract; (2) lost profits; (3) quantum meruit; (4) attorney's
fees; and (5) conversion. The Court concludes that the contract between the City and PTC was properly
executed, and the City's immunity from suit on PTC's contract claim has been waived by statute.  The
court rules that the City is immune from suit on PTC's remaining claims.  
Accordingly, the order of the trial court is affirmed in part and reversed in part.

Court of Appeals agrees to dismiss case, but refuses to order that costs be split
City of Houston v. Proler (Tex.App.- Houston [14th Dist.] June 26, 2008)(per curiam)
(agreed dismissal,
motion to split costs denied in absence of agreement)
DISMISSED: Per Curiam  
Before Justices Brock Yates, Anderson and Brown
14-08-00110-CV        City of Houston v. Shayn A. Proler
Appeal from 234th District Court of Harris County
Trial Court Judge: Reese Rondon

Terminated City employee's declaratory judgment suit dismissed on mootness,
standing grounds
Stephens v. City of Houston (Tex.App.- Houston [1st Dist.] June 12, 2008)(Keyes)
(
City of Houston litigation, UDJA claims related to termination of employment moot, no standing)
DISMISS APPEAL: Opinion by Justice Keyes  
Before Justices Taft, Keyes and Alcala
01-06-00851-CV  Bartholomew U. Stephens v. City of Houston, et als
Appeal from 270th District Court of Harris County
Trial Court
Judge: Hon. Brent Gamble  

Summary judgment in police officer grievance appeal from hearing examiner's ruling
reversed as not supported by motion
Strouse v. City of Houston (Tex.App.- Houston [14th Dist.] May 29, 2008)(Frost) (public employment,
police discipline, indefinite suspension, grievance,
judicial review, appeal from hearing examiner's ruling)
REVERSED AND REMANDED: Opinion by Justice Frost  
Before Justices Fowler, Frost and Seymore
14-06-00618-CV Darrell H. Strouse v. City of Houston and Harold L. Hurtt, in His Official Capacity as Chief
of Police of the Houston Police Department
Appeal from 164th District Court of Harris County
Trial Court
Judge: Martha Hill Jamison

Justices split on issue of trial court jurisdiction to enter declaratory judgment involving
licensing dispute
Supermercado Teloloapan, Inc. v. City of Houston (Tex.App.- Houston [14th Dist.] Dec. 18, 2007)(Hedges)
(
government entities, regulation, declaratory judgment, UDJA)
AFFIRMED: Opinion by Chief Justice Hedges,
Dissenting Opinion by Justice Edelman
Before Chief Justice Hedges, Justices Fowler and Edelman
14-06-00472-CV Supermercado Teloloapan, Inc. d/b/a Teloloapan Meat Market v. City of Houston
Appeal from 80th District Court of Harris County (
Hon. Kent Sullivan)
Justice
Edelman dissented in Supermercado Teloloapan, Inc. v. City of Houston (Tex.App.- Houston [14th
Dist.] Dec. 18, 2007)(Dissenting Opinion by Justice Edelman) (
failure to exhaust administrative remedies,
exclusive jurisdiction doctrine; Justice Edelman would dismiss for want of jurisdiction)

Court of Appeals reverses trial court's grant of City's plea to the jurisdiction
Saturn Capital Corp. v. City of Houston (Tex.App.- Houston [14th Dist.] Dec. 11, 2007)(Anderson)
(
government entities sovereign immunity, grant of plea to the jurisdiction reversed, illegal fee, invalid lien)
REVERSED AND REMANDED: Opinion by Justice Anderson
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00379-CV Saturn Capital Corporation v. The City of Houston
Appeal from Co Civil Ct at Law No 2 of Harris County (
Hon. Jacqueline Lucci-Smith)

Court finds on remand from Supreme Court that City's immunity was waived by statute
City of Houston v. Allco, Inc. (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Higley)(post-remand from Texas
Supreme Court, see
City of Houston v. Allco, Inc., 206 S.W.3d 113, 114 (Tex. 2006)(waiver of immunity to
breach of contract claim)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Taft, Hanks and Higley
01-02-00812-CV City of Houston v. Allco, Inc
-Appeal from 80th District Court of Harris County (
Hon. Kent C. Sullivan)
We conclude that the damages sought and awarded by the trial court were permitted by Local
Government Code section 271.153(a)(1). We hold that the City's immunity from suit is statutorily waived
with respect to Allco's breach of contract claim.

City's Plea to the Jurisdiction Again Rejected on Remand
City of Houston v. Clear Channel Outdoor, Inc. (Tex.App.- Houston [14th Dist.] 2007)(Guzman)(sovereign
governmental immunity, breach of contract claim)(sovereign immunity plea again rejected on remand)
Opinion by Justice Guzman
Before Chief Justice Hedges, Justices Hudson and Guzman
14-07-00084-CV The City of Houston, Texas v. Clear Channel Outdoor, Inc.
Appeal from 334th District Court of Harris County (
Judge Sharon McCally) - Affirmed

Melasky as GAL v. City of Houston (Tex.App.- Houston [14th Dist.] Aug. 16, 2007)(Yates)
(
guardian attorney ad litem fee, law of the case, minors, remand, scope of mandate)
AFFIRMED: Opinion by Justice Brock Yates
(Before Justices Brock Yates, Edelman and Seymore)
14-06-00386-CV David Melasky as Guadian Ad Litem v. City of Houston
Appeal from 80th District Court of Harris County (no judge shown on docket sheet)

City of Houston v. Kennedy (Tex.App.- Houston [1st Dist.] Aug. 2, 2007)(Hanks)
(
wrongful death, immunity, TTCA), ILA)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
(Before Justices Nuchia, Hanks and Bland)
01-07-00097-CV        The City of Houston v. Mary M. Babin Kennedy
Appeal from 215th District Court of Harris County (
Hon. Levi J. Benton)

City of Houston v. Clear Channel Outdoor, Inc. (Tex.App.- Houston [14th Dist.] Jul. 31, 2007)(Guzman)
(breach of contract, sovereign immunity, sovereign immunity plea again rejected on remand)
Opinion by Justice Guzman
Before Chief Justice Hedges, Justices Hudson and Guzman
14-07-00084-CV The City of Houston, Texas v. Clear Channel Outdoor, Inc.
Appeal from 334th District Court of Harris County (
Judge Sharon McCally) - Affirmed

Maguire Oil Company et al v. The City of Houston (Tex.App. - Houston [14th Dist.] Jul. 24, 2007)(Seymore)
(plea juris,
ripeness, condemnation, takings claim)
REVERSED & REMANDED: Opinion by Justice Seymore
Before Chief Justice Hedges, Justices Seymore and Guzman
14-05-01272-CV Maguire Oil Company Et Al v.
The City of Houston
Appeal from Co Civil Ct at Law No 4 of Harris County
(
Judge Roberta Anne Lloyd) - Reversed and Remanded

Garza v. The City of Houston (Tex.App. - Houston [14th Dist.] Jul. 24, 2007)(Hudson)
(
TTCA, sovereign and official immunity)
AFFIRMED: Opinion by Justice Hudson
Before Chief Justice Hedges, Justices Hudson and Guzman
14-06-00475-CV Raul G. Garza v. The City of Houston
Appeal from 151st District Court of Harris County (
Judge Caroline Elizabeth Baker)

City of Houston v. RiverCrest Civic Association (Tex.App.- Houston [14th Dist.] Feb. 27, 2007)(per curiam)

City of Houston v. Southern Electrical Services, Inc. (Tex.App. - Houston [1st Dist.] Apr. 26, 2007)(Nuchia)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Nuchia
Before Justices Nuchia, Keyes and Higley
01-06-00180-CV        City of Houston v. Southern Electrical Services, Inc., As Assignee of The Caddell
Construction Company, Inc.
Appeal from 165th District Court of Harris County (
Hon. Elizabeth Ray)

UDJA cannot be used as basis for jurisdiction over claim otherwise barred by immunity
The City of Houston v. Williams, No. 06-0093 (Tex. Feb. 23, 2007)(per curiam)
Terms: sovereign immunity, cities, waiver, interlocutory appeal, ILA, conflicts jurisdiction, UDJA,
declaratory relief, statutory waiver. Cite as City of Houston v Williams, 216 S.W.3d 827 (Tex. 2007)
Following
Tooke v. City of Mexia. 197 S.W.3d 325 (Tex. 2006) and companion cases

City of Houston v. Southern Elec. Services, Inc. (Tex.App.--Houston [1st Dist.] Dec 7, 2006)

TEXAS SUPREME COURT CASES INVOLVING THE CITY OF HOUSTON

Houston Municipal Employees Pension System v. Ferrell, No. 05-0587 (Tex. Nov. 29, 2007)(Green)
(
public employment, UDJA, jurisdiction, nonsuit)

City of Houston v. Clark, No. 04-0930 (Tex. Jun. 30, 2006)(Justice Harriet O’Neill)
In this case, we must decide whether Chapter 143 of the Local Government Code, known as the Fire
Fighter and Police Officer Civil Service Act, authorizes municipalities to appeal adverse decisions of
independent hearing examiners. We hold that it does. Accordingly, we reverse the court of appeals’
judgment of dismissal and remand the case to that court for consideration of the City of Houston’s appeal.
. . . .
Conclusion. We hold that Section 143.1016(j) of the Local Government Code affords the City of Houston
the right to appeal the independent hearing examiner’s adverse decision in this case, and the court of
appeals erred in dismissing the City’s appeal. Accordingly, we reverse the court of appeals’ judgment
dismissing the City’s appeal for want of jurisdiction and remand the case to that court for further
proceedings.

City of Houston v. Jackson, No. 04-0465 (Tex. Apr. 7, 2006)
[sovereign immunity law, cities,
firefighter litigation pay]         

City of Houston v. Clear Channel Outdoor, Inc. (Tex. Jun 30, 2006)

City of Houston v. Allco, Inc., 206 S.W.3d 113 (Tex. Jun 30, 2006)

City of Houston v. Boyer, Inc. (Tex. Jun 30, 2006)
Litigation with
The City of Houston
as a Party

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