Recent Fifth Circuit Court of Appeals Victory

November 15, 2019 by

On August 5, 2019, Brown Fox Partner Darrell Noga appeared before the United States Court of Appeals for the Fifth Circuit in New Orleans to argue in opposition to the plaintiff’s appeal of the trial court’s grant of summary judgment to the firm’s client,  City of Cedar Hill Police Sergeant David Podany. The case involved an arrest in a school setting which was made by Sergeant Podany to address an apparent threat to school staff and students. The plaintiff alleged wrongful arrest and excessive force in violation of his Fourth Amendment rights. The trial court granted summary judgment and held that Sergeant Podany was entitled to qualified immunity. After Mr. Noga had argued the case to a panel of Circuit Judges Clement, Haynes and Willett this past August, the Court of Appeals released its unpublished opinion on November 14, 2019.   The Court of Appeals affirmed the trial court’s grant of summary judgment, finding Sergeant Podany was entitled to qualified immunity. Brown Fox associates Christopher Klement and Christina Gigliotti were significant contributors to the appellate victory and assisted with extensive briefing, research and preparation in connection with the oral argument.

Founded in 2010, Brown Fox is a business boutique law firm focused on serving businesses, executives and entrepreneurs in practice areas most commonly needed to advance business growth, manage risk, and defend from attack. The firm’s representative clientele includes companies ranging from start-ups to publicly traded companies. The firm has offices in Dallas and Frisco.

Best Lawyers recently named Brown Fox a Tier 1 Best Law Firm for a third year in a row, Chambers & Partners has recognized the firm as a top small to midsize firm in both of its Regional Spotlights, and Inc. 5000 has twice recognized the firm as one of the Fastest Growing Private Companies in America. The firm’s attorneys have garnered over seventy Super Lawyers Rising Stars honors, several Best Lawyers honors from both D Magazine and Best Lawyers in America, among other honors.

Character Matters® is the firm’s foundational maxim; its core values of integrity, servant leadership, excellence, and impact are its roots. Brown Fox is committed to aggressively and creatively representing our clients, while staying true to the firm’s guiding principles. Learn more about Brown Fox by clicking here.


Integrity-Driven Advocates, Problem Solvers, and Counselors Ready to Serve.
Meet Brown Fox