WEST LAW TEXAS STYLE

NEGLIGENCE, OBSTRUTION OF JUSTICE, AND INJUNCTIONS

Tex.Civ.App1943 "Gross negligence" an entire want of care which raise a presumption of a conscious indifference to consequences
Granberry v Texas Public Service Company 171 S.W.2d 184

Tex.Civ.App1939 In general a "malicious" act involves all that is usually understood by the term "willful"
Michels v Boruta, 122 S.W. 2d 216

CATex.1970 Only acts commited after a sudden emergency arises can be exculpated
Under Texas law, a "sudden emergency" is a condition arising suddenly and unexpectedly and not proximately caused by any negligent act or omission of the person in question and which calls for immediate action on his part and without time for deliberation.
Swann v Huttig Sash & Door Co. 436 f 2d 60

CATex.1982 "Gross negligence" to be ground for exemplary damages under Texas law, should be that entire want of care which would raise belief that act or omission complained of was the result of a concious indifference to the right or welfare of the person or persons to be affected by it.
Brousard v Southern Pacific Transportation Company, 625 F. 2d 1242, rehearing denied 629 F. 2d 1349 rehearing granted 634 F. 2d 1008, on rehearing 665 F.2d 1387

Tex.1983 Theories of vicarious and joint and several liabilities are judicially created vehicles for enforcing remedies for wrongs commited and justified on public policy grounds, they represent a deliberate allocation of risk.
Dutcher v Owen 647 S.W. 2d 948

TexCivApp1945 Every person is liable in damages for his negligence which proximately causes injury.
Carothers v Moore, 183 S.W. 2d 987

Tex1980 Cause in fact means that act or omission was substantial factor in bringing about injury and without which no harm would have occurred.
McClure v Allied Stores of Texas, Inc 608 S.W. 2d 901, on remand 622 S.W. 2d 618

Tex1951 A party guilty of negligence is responsible for result if his negligence has caused another to be surrounded by such circumstances as to him appear to threaten destruction of his life, or serious injury to his person, whether that person is prudent or imprudent,if, in an effort to save his life, he makes a choice of means from which injury results and although it may turn out that if he had done differently or had done nothing, he would have escaped injury altogether.
Goolsbee v Texas & N.O.R. Co. 234 S.W. 2d 407, 149 Texas 445

TexCivApp1958 Where state constitution prescribes the manner of removing a public official, neither the legislature, executive officers nor the judiciary can act beyond the limitations of constitution.
Childress County v Sachse, 310 S.W. 2d 414 ref. n.r.e. 312 S.W. 2d 380 158 Tex. 371

CATex 1978 A specific intent to impede the administration of justice is essential element of the federal offense of obstructing justice by influencing or injuring an officer,juror, or witness.
18 U.S.C.A.*1503 U.S. v Johnson 585 F.2d 119

CATex 1982 Evidence of statement made by defendant to a party who had been communicating with IRS investigatiors regarding defendant was sufficient to sustain his conviction for obstruction justice. 18 U.S.C.A. * 1510
U.S. v Thetford 676 F2d 170 rehearing denied 683 F2d 417 cert. denied 103 S. Ct 790

CATex1978 Even where legal finding of guilt on charge could not be supported, administrative dismissal based on substantial evidence of wrongdoing may not be considered arbitrary and caprious.
Turner v Campbell 581 F2d 547

TexCivApp1971 Violation of any statute, ordiance, administrative order or the basis of duty is usually classified as negligence per se.
Sheppard v judkins 476 S.W. 2d 102 ref. n.r.e.

TexCivApp1967 A person is not bound to anticipate negligent or unlawful conduct on the part of another.
Missouri Pacific RR Co. v Corpus Christi Hardware Co. 414 S.W. 2d 185

TexCivApp1976 Unexcused violation of penal statute constitutes negligence per se.
Hurlburt v Planters National Bank & Trust Co. 539 S.W. 2d 97 ref. n.r.e.

TexCivApp1944 Public officers are not liable for negligence of their subordinates unless they co-operate in, direct or encourage the act conplained of.
Tumlinson v City of Brownsville 178 S.W. 2d 546 error refused

DCTex1974 Public official exercising discretion while performing his duty possessess qualified privilege,precluding individual liability for performance of official responsibilities if undertaken in good faith, but privilege is not absolute and must give way if acts done within scope of official duty are performed in bad faith.
Crawford v City of Houston Tx. 386 F. Supp. 187

CATex 1981 Inadequate remedy at law and irreparable injury should exist before court grants injunctive relief.
Baldwin Metals Co. Inc. V Donovan 642 F.2d 768 cert. denied Mosher Steel Co. v Donovan 102S Ct. 389 454 U.S. 893, 70 L. Ed. 2d 207


Irreparable injury should be the fact an "Abstainer for Christ" have to learn the legal statutes to receive " DUE PROCESS" and stop harassment, terrorism, discrimination, and civil rights violations. First of all an immediate RULE CV-65 INJUNCTION to prohibit contact, and prevent use of name or property of victim for financial gain. Immediatly surrender of all property of victim. Seek prohibition of gifts of bribery to prevent civil trials, appearance before Texas Legislative Commitees and the United States Congress. Prohibit interference of "RELIGIOUS RIGHTS" and "RELIGIOUS FREEDOMS" and all other rights of life, liberty, and the pursuit of happiness. Black state employees association union of Texas, Robert A. Miller and the State Justice Institute, Jeff Harrington and Texas Civil Rights Project, Congressional office of US Rep Shelia Jackson-Lee, Houston Mayor White and other political office holders, religious leaders and business friends of both the Houston and Austin area. Prohibition of interference of DNA test of all parties involved along with auditing government agencies, civil servants, and any entity receiving funding from civil servants. Federal statutes and laws violated which include ethic laws by civil servants of the fedral, state and local levels. I walked out of Houston on August 12, 2007 , three days later I arrived in Austin with a ride from Brehnam with a contractor from MD Anderson Hospital, claiming to be from Waco but gave me a tour around Tim Pinson Sr. NYAAC center about three times just making the circle around that block. I can not prove they are working in concert but probably all democrats workling to prevent African American Christian Conservative access to court federal prosecutor Johnny K. Sutton and Alliance Defense Fund and State Justice Institute.