Victories
2021 - Prevailed in federal court after being appointed to represent Harris County inmates in their case concerning COVID-19-related conditions of confinement (Eskridge, J.).
2018 – Won a seven-figure federal court settlement on behalf of 39 plaintiffs (mostly African-American) in an Age Discrimination in Employment Act case (Ellison, J.)
2014 –
Won
a $350,000 constitutional rights judgment against Tarrant County after it permitted a known murderer to kill a vulnerable pre-trial detainee (assigned to protective custody) who ended up in maximum security and
additional payments for exhumation, relocation to a desirable place of rest, a new burial, a proper casket, a headstone, and a proper service with family
News coverage –
Background (Truncated version: begin with “thin frame”)
2012 - Won a $425,000 civil rights settlement after defeating qualified immunity in federal court (one of the highest reported 2012 Texas settlements in any category)
Facts
Lead Plaintiff (a Marine [there are no former Marines] and active security staff at a federal courthouse) was approached by officers while sitting on his front porch, went inside to secure his identification as requested, and upon entry removed his firearm from his waistband and placed it on a table.
The officers then entered the house, caused harm to the lead Plaintiff, and arrested him and his family members.
News coverage
Defeated a Motion for Summary Judgment in a racially-charged Section 1983 case against a Red River County, its sheriff, its attorney, and the Clarksville Chief of Police (facilitating settlement) –
Helped identify clearly established rights in the Fifth Circuit
“We conclude that First Amendment principles, controlling authority, and persuasive precedent demonstrate that a First Amendment right to record the police does exist, subject only to reasonable time, place, and manner restrictions.” Turner v. Driver, No. 16-10312, ____ (5th Cir. Feb. 16, 2017) {briefing assist, did not personally appear}
“We conclude, then, that the medical industry as a whole is not a closely regulated industry [for constitutional purposes].” Zadeh v. Robinson, No. 17-50518 (5th Cir. July 2, 2019)
Defeated Harris County’s motion to dismiss a mentally-ill rape victim’s constitutional claims for being jailed for a month over Christmas as a material witness (“Jenny’s” case).
Documents
Order (pages 66-69)
News coverage
Former District Attorney Devon Anderson’s responses to “Jenny’s” allegations
Acquired unique remedies in state and federal courts
Conducted court-authorized civil depositions of six grand jurors (first known remedy of its kind in Texas history)
Pierced secrecy surrounding a municipality’s confidential informant policies, procedures, and record keeping
Acquired Texas’ only contested Temporary Restraining Order against the TransCanada/Keystone XL pipeline using the Texas Antiquities Code; this was the first successful TRO against this particular pipeline in Texas.
Internet defamation
Acquired letters rogatory for information held by third-party out-of-state internet service providers
Requested and received a specific Order from the trial court designed to protect both Due Process rights, First Amendment speech, and anonymity. See generally https://www.dslreports.com/forum/remark,21896697 (last accessed July 10, 2019)
Defeated a motion to quash the subpoena procured therewith in California
Successfully defended a media personality from a defamation claim
Won a $13.78M internet defamation verdict (largest of its kind in the US and Texas’ 2nd largest 2012 intentional tort); testified as a fact witness at trial; drafted motions, discovery, subpoenas, briefs, and a 3,579 count petition - http://abcnews.go.com/Business/jury-awards-13-million-texas-defamation-suit-anonymous/story?id=16194071; we were replaced as counsel upon hearing the verdict (which was reversed on appeal due to briefing waiver from Board-certified appellate counsel)