Section 1983 & Police Misconduct
Unlawful arrests, excessive force, retaliation, and other constitutional violations by police and government officials.
A SLAPP (strategic lawsuit against public participation) is a lawsuit filed to punish or silence someone for speaking, petitioning the government, or associating with others. Texas fights back with the Texas Citizens Participation Act (TCPA), Chapter 27 of the Texas Civil Practice and Remedies Code. Grable PLLC uses the TCPA to defend people and businesses sued over protected speech, reviews, social-media posts, reporting, and complaints to the government.
We usually represent defendants, but we evaluate any TCPA motion, whether filing one or defending against one.
The TCPA applies to a legal action that is based on or in response to a party’s exercise of:
Some claims are exempt under Section 27.010, including certain commercial-speech claims, many DTPA claims, and certain employment and family-law matters. Whether an exemption applies is often the first fight.
If the court dismisses the claim, it must award the movant court costs and reasonable attorney’s fees, and it may impose sanctions to deter similar suits (§ 27.009(a)). If the motion is frivolous or filed solely for delay, the court may award fees to the other side (§ 27.009(b)). A denial of a TCPA motion can generally be appealed immediately (§ 51.014(a)(12)).
The Fifth Circuit has held that the TCPA does not apply in federal court, so a case filed in or removed to federal court requires a different strategy.
The 60-day deadline runs from service, so contact Grable PLLC as soon as you are served with a lawsuit over something you said, wrote, posted, or reported.
The TCPA is Texas’s anti-SLAPP law, found in Chapter 27 of the Texas Civil Practice and Remedies Code. It lets a defendant sued over protected speech, petitioning, or association ask the court to dismiss the case early.
Generally 60 days after you are served with the lawsuit. The court can extend that deadline for good cause, but you should not count on it.
If the court grants the TCPA motion and dismisses the claim, it must award court costs and reasonable attorney’s fees to the moving party.
No. The Fifth Circuit has held that the TCPA does not apply in federal court.
We usually represent defendants, but we evaluate any TCPA motion, whether filing one or defending against one.
Unlawful arrests, excessive force, retaliation, and other constitutional violations by police and government officials.
First Amendment, defamation, TCPA, and the right to record police and public officials.
Section 1983 challenges, unlawful firearm seizures, and getting seized firearms returned.
See also: case results, case updates, and articles on the blog.
Talk with Grable PLLC. Call 210-963-5297 or email intake@grable.law. Calls and emails accepted 24/7.
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