Attorney Robert William Higgason's Legal Cases

Civil rights

Laviage v. Fite

Aug 29, 2022

OUTCOME: Fifth Circuit (US) Court of Appeals reversed and rendered judgment in favor of police officer.

Plaintiff, who had been criminally charged and acquitted of knowing failure to report scrap metal transaction in accordance with state law and city ordinance, brought § 1983 claim against arresting off ... icer, alleging that officer omitted exculpatory facts from affidavit. District court denied officer's claim of qualified immunity. Fifth Circuit Court of Appeals held that officer was entitled to qualified immunity, and it reversed and rendered judgment in favor of officer.

Government

Rodriguez v. Duvall

Mar 03, 2022

OUTCOME: Houston Fourteenth Court of Appeals affirmed dismissal in favor of officer.

Off-duty Houston police officer providing security for hotel entered hotel room by consent following complaints about loud music, complaints of drug activity in room, and smell of marijuana coming from ... room. Upon entering room, officer observed what appeared to be marijuana and drug paraphernalia on table, and he detained, then arrested, one a party-goer who was attempting to dispose of the drugs. Arrestee suffered injuries in the course of the arrest. Arrestee sued officer for assault, false arrest, and invasion of privacy. The district court granted the officer's motion to dismiss on grounds that even though he was working as a security guard, he was discharging his duties as a police officer when he arrested the plaintiff. The Houston 14th Court of Appeals agreed and affirmed.

Government

City of Houston v. Crook

Oct 15, 2021

OUTCOME: Texarkana Court of Appeals reversed and remanded in favor of City of Houston.

Driver hit dislodged manhole cover in city street, lost control of vehicle, crashed into light pole. Driver sued City alleging premise defect and special defect. City moved for partial summary judgment ... on special defect claim, which district court denied. On City's appeal, the Texarkana Court of Appeals reversed and held that the summary judgment evidence established as a matter of law that the condition did not constitute a special defect under the Texas Tort Claims Act, and the City retained its governmental immunity on that claim.

Government

White v. City of Houston

Mar 25, 2021

OUTCOME: Houston's First Court of Appeals affirmed in city's favor.

Vehicle's rear axle became entangled in unsecured fire hose that trailed behind a fire truck, resulting in an accident. Driver sued City claiming personal injuries. District court dismissed on grounds ... of governmental immunity, and driver appealed. Houston's First Court of Appeals held that the emergency exception to the Texas Tort Claims Act's waiver of liability applied, and the city retained its immunity. The court of appeals affirmed in Houston's favor.

Civil rights

Gyves v. City of Houston

Dec 12, 2019

OUTCOME: Fifth Circuit (US) Court of Appeals affirmed summary judgment for the City.

Represented City in plaintiff's appeal from summary judgment in a Section 1983 civil rights suit in which plaintiff, a commercial airline pilot, committed a security breach at a Houston airport termin ... al, refused to cooperate with the ensuing investigation, and was later permanently banned from landing at Houston airports. Plaintiff sued to challenge the permanent ban. District court granted summary judgment for the City, and plaintiff appealed.

Civil rights

Romero v. Brown

Aug 29, 2019

OUTCOME: Fifth Circuit (US) Court of Appeals affirmed dismissal as to both HPD officers and City of Houston (while reversing as to state defendants).

Represented City and two Houston police officers in plaintiff's appeal from dismissal of a Section 1983 civil rights suit in which two HPD officers accompanied a state social worker to remove children ... from parental custody during investigation. District dismissed all claims against all defendants, and plaintiff appealed.

Civil rights

Charlot v. City of Houston

Dec 10, 2018

OUTCOME: Affirmed summary judgment for the City and all officers.

Represented City of Houston and multiple police officers in plaintiff's appeal from summary judgment for defendants in Section 1983 case in which plaintiff complained of an unlawful bodily search.

Civil rights

Thomas v. Williams

Feb 01, 2018

OUTCOME: Affirmed summary judgment for police officer on qualified immunity grounds.

Houston police officer mistakenly executed warrant at incorrect address, and resident sued for violation of Fourth Amendment rights against unreasonable search and seizure. District court granted offic ... er's motion for summary judgment. On resident's appeal, U.S. Fifth Circuit Court of Appeals held that officer did not violate resident's Fourth Amendment rights or any clearly established law, and it affirmed summary judgment for officer.

Civil rights

Salazar-Limon v. City of Houston

Jun 15, 2016

OUTCOME: Affirmed summary judgment for City and officers. Supreme Court denied plaintiff's petition for certiorari on 04-24-2017 with concurring and dissenting opinions.

Represented City and Houston police officer in plaintiff's appeal from summary judgment in a Section 1983 civil rights suit in which HPD officer shot the plaintiff. District court granted summary judg ... ment for officer and for City, and plaintiff appealed.

Civil rights

Allen v. Cisneros

Mar 09, 2016

OUTCOME: Reversed, holding that both officers entitled to qualified immunity.

Represented two Houston police officers in appeal of district court order denying qualified immunity in Section 1983 civil rights suit, in which plaintiff alleged violation of First and Fourth Amendmen ... ts.

Robert William Higgason's Legal Cases (22)

Laviage v. Fite

Rodriguez v. Duvall

City of Houston v. Crook

White v. City of Houston

Gyves v. City of Houston

Romero v. Brown

Charlot v. City of Houston

Thomas v. Williams

Salazar-Limon v. City of Houston

Allen v. Cisneros