Head of Firm’s Governmental Section

Darrell leads Fee Smith’s Government practice group and focuses on defending diverse governmental and corporate entities with an emphasis on defending Texas municipalities, police, and fire departments. He provides guidance regarding regular governmental responsibilities and direction for lawfully achieving legislative objectives while proactively assessing risk for municipalities, their officials, and employees. He is known as a constitutional law scholar on issues that impact government entities such as Section 1983 claims and counsels entities regarding negligence claims arising out of employees’ actions within the scope of their employment under Texas state law. Darrell advises clients on general land use and real estate matters including feasibility reviews, permitting, and drafting of routine real estate documents and agreements. He also conducts internal investigations and provides counsel on employment and insurance matters.

With extensive Federal and State trial experience, and appellate experience in state courts, the Fifth Circuit Court of Appeals, the District of Columbia Court of Appeals, and the Texas Supreme Court, Darrell is an accomplished litigator, trial court strategist, and appellate advocate. Recently, he lectured on the topic of Qualified Immunity for the Texas State Bar’s Advanced Government Law Seminar and was invited to present at the Wisconsin State Bar Annual Constitutional Law Symposium in 2021.

• Covenant Media of Texas, et al v. City of Cedar Hill, Texas
  Covenant Media of Texas, et al v. City of Mesquite, Texas
  Pending First Amendment (Billboard cases)
• Edwards v. Mid-Continent Office Distributors, et al. – Commercial/Business litigation – won state court bench trial
• Guillaume v. Greenville – Texas Whistleblower Act claim – Won Motion for Summary Judgment
• Jim Sowell Construction Company vs. City of Coppell – Federal Fair Housing Act claims – won federal trial I.H.S. Cedars Treatment Center of Desoto, Texas, Inc., et al. v. Ramos, Jr., M.D., et al. v. Jodi Marie Mason, Individually and as next friend of Ashley Ladon Mansfield, a Minor, and as Next Friend of Courtney Marie Mason, a Minor, and Karen Rudd, Respondents – Supreme Court of Texas, 2004 Tex. LEXIS 534; 47 Tex. Sup. J. 666 – Argued before the Texas Supreme Court in conjunction with codefendant’s counsel and won case
• Forney Messenger, Inc. and Cary L. Griffin v. City of Forney – First Amendment retaliation allegations – won federal trial
• Jerry R. Brown v. Dinerstein Management, Inc., et al. – Premises Liability – won state trial
• Kristen G. Borth v. City of Cedar Hill, Texas – Employment Discrimination (in testing) against Fire Department – won federal trial
• David Rigney v. City of Rowlett – Employment termination: Won Motion for Summary Judgment in both state and subsequent federal suits.

• “Seven Deadly Sins to Avoid in Collective Bargaining”
  Seminar: 2010 – Elected Officials’ Conference, Texas Municipal League and Association of Mayors, Council
  Members and Commissioners (AMCC)
• “Hot Topics in Damages”
  Seminar: 2009 – Suing and Defending Governmental Entities, State Bar of Texas
  Faculty Member and Member of the State Bar Planning Committee
  Seminar: 2009 Workshop, Texas Municipal League Intergovernmental Risk Pool
• “An Illusion of Privacy? Exploring Recent Employee Confidentiality Issues and Related Recent Legislative and Legal Developments”
  Seminar: 2009 – Texas Municipal Human Resources Administration Employment Law Seminar
• “Reemployment & Mitigation in Calculating Back & Front Pay Losses”
  Seminar: 2008 Workshop, Texas Municipal League Intergovernmental Risk Pool
• “Pleas to the Jurisdiction”
  Seminar: 2006 Suing and Defending Governmental Entities, State Bar of Texas
  Faculty Member and Member of State Bar Planning Committee
• “Use of Experts: Qualifying, Damages and Getting Ready for Depositions”
  Seminar: 2005 Workshop, Texas Municipal League Intergovernmental Risk Pool
• “Handling Texas Claims Involving Governmental Entities”
  Seminar: Fee, Smith, Sharp & Vitullo Client Seminar, June, 2005
• “Defending Fair Housing Act Claims and HUD Complaints”
  Seminar: Southwestern Legal Foundation, June, 2002
• “Removal Practice”
  Seminar: Federal Bar Association, March, 2002
• “Defending Fair Housing Act Claims and HUD Complaints”
  Seminar: Southwestern Legal Foundation, June, 2001
• “Fair Housing Act and HUD Litigation”
  Seminar: Southwestern Legal Foundation, June, 2000
• “So You Call Them Junk! Excluding Them, Including Them: The world of Experts”
  Seminar: 1998 Suing & Defending Governmental Entities, State Bar of Texas
  Faculty Member and Member of State Bar Planning Committee
• “The Federal Fair Housing Act and HUD Complaints”
  Seminar: Southwestern Legal Foundation, June, 1998
• “Handling a Trio of Management Issues: Reasonable Accommodation, Leave and Return to Work Under Current Law”
  Seminar: Employment 101, Texas Municipal League, October, 1998
• “Ethical Considerations In Defending Government Entities, Particularly in Employment Cases, Including a Discussion of Spoliation Issues”
  Seminar: Texas City Attorneys’ Association, Fall Conference, October, 1998
• “Title IX Exposure of Texas Schools”
  Seminar: State Bar School Law Section – 1997 Summer Retreat
• “Defending Police Excessive Force Cases”
  Seminar: Texas City Attorneys’ Association
• “Where’s My Dancing Partner?”
  Seminar: Third Party Practice in Texas
• “Frivolous Lawsuits in State and Federal Courts”
  Seminar: Texas Municipal League
• “Recent Federal Cases of Interest to Cities”
  Seminar: Texas Municipal League – City Attorneys’ Section
• “Civil Rights Claims – A Trial Lawyer’s Perspective”
  Seminar & Course Book