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The Court Finder - Houston Municipal Court 2584. (Central Municipal Courts Building) Cause Of Action: 28 U.S.C. The information on this website is taken from records made available by state and local law enforcement departments, courts, city and town halls, and other public and private sources. The case status is Pending - Other Pending. See Heinrich, 284 S.W.3d at 37273. The Houston Municipal Courts DOES NOT charge defendants to reset cases. 2013, pet. This case was filed in Harris County District Courts, Harris County District Courts located in Harris, Texas. A suit brought against an employee in his official capacity actually seeks to impose liability against the governmental unit rather than on the individual specifically named and is, in all respects other than name, a suit against the entity. See Tex. (2) right or claim to any legal protection, benefit, or responsibility asserted as a result of a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction. Governmental Immunity Bars Appellants' Claims and Injunctive Relief Against the City, a. Ultra vires Claims Prohibited against the City. (Freeman Injunction). Family Intake accepts pleadings, filings and documents The Plaintiffs are entitled to an injunction that forbids the Mayor to spend public funds in violation of section 6.204( c)(2), VII. In a decision dated June 30, 2017, the Texas Supreme Court reversed our decision, holding that the case should be remanded to the trial court so it could consider the impact of both Obergefell and DeLeon on appellants' claims. Most documents are available to view online within minutes of being accepted. A plea to the jurisdiction may challenge whether the plaintiff has met its burden of alleging jurisdictional facts or it may challenge the existence of jurisdictional facts. Tex. 10. at 8687.6 The City requested review from the U.S. Supreme Court, but it denied certiorari. Box 53750Houston, Texas 77052-3750. 2012) (calling Baker into doubt), aff'd, 570 U.S. 744, 133 S.Ct. The Harris County Justices of the Peace and the Clerks of An ultra vires claim against a government officialthat is, a suit against a government official for acting outside his or her authority and seeking to require the official to comply with statutory or constitutional provisionsis not barred by immunity. The city attorney issued a legal opinion finding the continued application of Article II, Section 22 of the Houston City Charter to deny benefits to legally married same-sex spouses to be unconstitutional, primarily because it denies the employees of such spouses equal protection of the laws.. A summary of court costs, service fees and issuance fees is available on this site, The jurisdictional limit for the County Civil Courts at Law starts at $200.00 and cannot exceed $250,000.00. Information about Justice Court Cases. Group, L.P., 412 S.W.3d 102, 112 (Tex. See Stamos, 2020 WL 1528047, at *4; Curry, 434 S.W.3d at 820. Ass'n of Bus., 852 S.W.2d at 446 n.9; see Grupo Dataflux v. Atlas Global Group, 541 U.S. 567, 570, 124 S.Ct. While Mayor Parker's and the City's appeal was pending before our court, on June 26, 2015, the U.S. Supreme Court issued its opinion in Obergefell, in which it held that same-sex couples had a constitutional right to marry. Obergefell v. Hodges, 576 U.S. 644, 67576, 135 S.Ct. Please visit our e-File FAQs page, which includes state and Harris County e-Filing requirements, updates, and news; common reasons why files are returned; as well as a list of contacts for filers requiring assistance. to register your account in order to view or print (with the unofficial watermark) copies online. While the prior federal cases relied upon by the trial court focus on the equal protection and due process violations that would attend denying same-sex spouses access to city benefits, last year, in 2020, the U.S. Supreme Court provided an additional ground to hold that denying benefits to same-sex spouses of city employees would be improper: because it would likely violate the Civil Rights Act of 1964. Appellants' issue VII and IX are overruled. How do you handle emergency filings such as TROs? See Heinrich, 284 S.W.3d at 372. See Heinrich, 284 S.W.3d at 380. Process servers are not required to e-file. 2011); see also Tex. 2675 (placing same-sex couples in a second-tier marriage without federal benefits demeans the couple, whose moral and sexual choices the Constitution protects). Civ. The Court explained: Today, we must decide whether an employer can fire someone simply for being homosexual or transgender. Edited by Liz O. Baylen and Mike Benoist. See Freeman v. Parker, Case No. After your Case has been assigned to a specific court, you may contact that court for your hearing dates. Houston Municipal Court. Because the challenged directive in this case is not a legislative pronouncement, the waiver of immunity under the Texas Declaratory Judgments Act does not apply to the Pidgeon Parties' claims. The Court recognized that the federal DOMA depart[ed] from [a] history and tradition of reliance on state law to define marriage. Id. City of Houston, Petitioner, v. James & Elizabeth Carlson, et al., Respondents. Click on in the below citations/notices to view more details. Appellants Jack Pidgeon and Larry Hicks (collectively, appellants), individual taxpayers, bring this interlocutory appeal challenging the trial court's order granting the plea to the jurisdiction of appellee Sylvester Turner, in his official capacity as the Mayor of the City of Houston (Mayor Turner) and appellee City of Houston (the City). Sch. 2015), rev'd sub nom. While the Texas Supreme Court still had jurisdiction over the case and no mandate had been issued, appellants filed their First Amended Petition and Application for Temporary Injunction. Consequently, immunity bars appellants' UDJA claims against the City. Office (936) 544-3255 Ext 235. Hours and Locations Application for Writ of Habeas Corpus(Criminal), Returning/filing search warrants (original copy), Filing documents related to a criminal case for, Filing Petitions for an Occupational/Restricted Drivers License for. 37.006(b); Tex. 15. April 27, 2023, 6:00 a.m. Governmental immunity is a fundamental principle of Texas law, intended to shield the public from the costs and consequences of improvident actions of their governments. Tooke v. City of Mexia, 197 S.W.3d 325, 332 (Tex. App.Houston [14th Dist.] v. Blue, 34 S.W.3d 547, 555 (Tex. Accessible Monday - Friday, 7:00 am - 5:45 pm. Moreover, appellants' reliance on Burwell v. Hobby Lobby Stores, which was brought under the Religious Freedom Restoration Act (RFRA) and addressed whether the contraceptive mandate in the Affordable Care Act substantially burdened private employers' religious exercise, is misplaced, because it is not analogous. applicable laws and to consult an attorney of your choice for further information or answers to specific legal questions. Foundries, Inc. v. Int'l Molders & Foundry Workers' Union, 151 Tex. App.Austin 2010, no pet.). . Criminal Courts - Office of Harris County District Clerk Eviction Citation Return. The only basis for avoiding the Mayor's immunity from suit the Pidgeon Parties assert on appeal is that this immunity does not apply to ultra vires claims. 2023 CourtCaseFinder.com - All Rights Reserved. Case Summary. 2006) (quoting Hudson v. Wakefield, 711 S.W.2d 628, 630 (Tex. 2002). to view the Web site. If the evidence raises a fact issue regarding jurisdiction, the plea must be denied pending resolution of the fact issue by the fact finder. Trial Dockets 201 Caroline, Suite 420 To view a list of electronic filing providers (EFSP) that have been approved by the State visit, To see the most current list of EFSPs go to. Harris County Justice of the Peace Courts courts include divorce, child custody, child support, visitation rights, protective Butnaru, 84 S.W.3d at 204. In the Hybrid Motion, the City Parties argued that this decision was a discretionary act within Mayor Parker's powers as mayor of Houston, including her powers under article VI, section 7a of the Houston City Charter. The Harris County Justices of the Peace and the Clerks of the Harris County Justice Courts are not allowed to give legal advice. Harris County Clerk's Office App.Houston [14th Dist.] b. Appellants' issues on appeal are overruled. (832) 927-0126. Two years later, in 2017, the Court addressed an Arkansas law that listed a birth mother's different-sex spouse on their child's birth certificate, but not a birth mother's same-sex spouse. Filed: April 26, 2023 as 3:2023cv00885. If, on the other hand, the evidence is undisputed or fails to raise a question of fact, the plea to the jurisdiction must be determined as a matter of law. Id. The Judge overseeing this case is MIKE ENGELHART. City, 465 S.W.3d 623, 632 (Tex. Appellants' claims, therefore, do not fall into the ultra vires exception to governmental immunity. The answer is clear. Even assuming, arguendo, that Mayor Parker was wrong in relying upon federal authority (e.g., Windsor, the Constitution, the Equal Protection and Due Process clauses, the Freeman injunction, and the federal district court's De Leon decision), the city attorney's legal opinion, and the then-existing persuasive authority overturning as unconstitutional the denial of full rights, benefits, and marital status to same-sex spouses and couples, Mayor Parker's continuing directive and actions to offer spousal employment benefits to same-sex spouses of city employees would still not have been ultra vires acts in October 2014 or thereafter. ET. Cases, Dockets and Filings in Texas | Justia Dockets & Filings Dist. op.). 13-0435 Decided: December 19, 2014. Public Datasets Municipal Courts - Houston Appellants' contention that the State can refuse to provide same-sex couples the same benefits as different-sex couples based on its interest in furthering procreation and child-rearing was rejected in Obergefell. The case was eventually remanded back to state court on August 28, 2014. Feedback on Officer Houston court records are under the purview of the Harris County District Court Clerk. What is the amount I can sue for in County Civil Court at Law? Fox News Fires Its Biggest Star - The New York Times We are still actively accepting mail and eFilings for the County Civil Courts through existing service providers. The case status is Pending - Other Pending. To see the most current list of EFSP's go to www.EFileTexas.gov. Background. Appellants further seek declarations regarding Mayor Parker's directive and its continued enforcement. 2015).13 Federal district Judge Orlando Garcia, however, stayed execution of the February 26, 2014 injunction, allowing the State to appeal to the Fifth Circuit Court of Appeals. See Windsor, 570 U.S. at 772, 133 S.Ct. Civ. & Rem. Based on advice of counsel, Mayor Parker decided that federal law required the City to afford same-sex spouses of City employees the same benefits as opposite-sex spouses. Appellants' argument presupposes that the City providing employee benefits for married same-sex couples has been compelled by the federal government to do so. The above analysis alone suffices to explain why the trial court's jurisdictional dismissal based on governmental immunity should be affirmed. B. Indeed, appellants have not pleaded any imminent consequence that will flow from the City's continued provision of spousal benefits to same-sex spouses. See Obergefell, 576 U.S. at 66970, 135 S.Ct. 2584, 192 L.Ed.2d 609 (2015). relative to the law governing procedures for eviction cases in the Harris by an attorney of your choice, or to represent yourself. Notice: Your use of CourtCaseFinder.com is conditioned on your full compliance with our Terms of Service and Privacy Policy. 4:13-cv-3755 (S.D. Appellants argue that spousal employment benefits are a taxpayer-funded gratuity that is entirely different from the licensing and recognition of marriage. Citation and Notices. See De Leon, 975 F. Supp. C.Appellants Failed to Establish Standing to Order the City and Mayor to Claw Back Any Public Funds Spent in the Past. Clear Filters. 2018) (citing Pidgeon for the proposition that before the Supreme Court will resolve a dispositive issue, the preferred and proper process is to allow a complete vetting of the parties' potential arguments in the lower courts so that the Court has a full record before it). Public Reports. Sys. at 77172, 133 S.Ct. 14-18-00340-CV, 2020 WL 1528047, at *4 (Tex. Fam. The County Clerk also maintains case files for the Harris County Civil and Probate Courts, as well as, the records of the Harris County Commissioners Court.