Kevin Curley

Municipal Law
Civil Litigation, including defense of governmental and commercial entities
Employment Law
Land Use

Kevin Curley brings significant experience to the firm through his representation of governmental entities in a variety of state and federal courts. Kevin focuses his practice on government litigation, including civil rights, employment law, personal injury claims, and land use. Kevin relies on attention to detail and uses a common-sense approach to litigation matters, with the objective of bringing effective and efficient resolution for his clients. When necessary, Kevin is prepared to fight for his clients on appeal, having appellate experience before Texas’ intermediate courts, the Texas Supreme Court, the United States Court of Appeals for the Fifth Circuit, and the United States Supreme Court.

Messer Fort – Partner

• Represents cities in a wide range of municipal litigation and appellate matters with an emphasis on civil rights, personal injury, ultra vires, land use, and employment litigation. Approved counsel for TMLIRP.

• Texas Tech University School of Law, J.D. (magna cum laude) 2005
• Dallas Baptist University, B.S. (summa cum laude) 2002

• Limiting Discovery Pending Immunity Determinations, Author and Speaker
• Legal Considerations and the Student Resource Officer, Author and Speaker
• The “Shot Clock,” Certificates of No Action, and Ultra Vires Claims, Author and Speaker
• Ultra Vires Claims…Where did your immunity go? Author and Speaker
• Ethical Considerations in Dealing with the Sovereign Citizen Litigant, Author and Speaker
• How to Defend Texas Dram Shop Claims, Author and Speaker
• Retaliation Under the Family and Medical Leave Act, Author and Speaker
• Section 1983 Cases and the Identity of the Final Policymaker, Author
• Construction Defects Coverage Analysis, Author and Speaker
• Texas Tort Claims Act from A to Z, Author and Speaker
• Un-Insured and Under-Insured Motorist Coverage, Author and Speaker
• Governmental Liability Under the Texas Tort Claims Act, Author and Speaker
• Eminent Domain and Public Use Under Kelo, Author

• State Bar of Texas
• U.S. District Court Northern District of Texas.
• U.S. District Court Eastern District of Texas.
• U.S. District Court Western District of Texas.
• U.S. District Court Southern District of Texas.
• United States Court of Appeals for the Fifth Circuit.
• United States Supreme Court.

Kevin was born and raised in Garland. Outside of work and cheering on his daughters in their activities, Kevin spends his time hunting, fishing, and otherwise enjoying the great outdoors.

• Freeman v. City of Waxahachie, 636 S.W.3d 306 (Tex. App.—Waco 2021, pet. denied)
• London v. Rick Van Park, LLC, 2021 WL 1884650 (Tex. App.—Dallas 2021)
• Lavender v. City of Frisco, 2021 WL 3438072 (Tex. App.—Dallas 2021)
• Dallas Cty. Hosp. Dist. v. Bravo, 2021 WL 822916 (Tex. App.—Dallas 2021)
• Brown v. Coulston, 463 F. Supp. 3d 762 (E.D. Tex. 2020), appeal dismissed, 2020 WL 10224613 (5th Cir. 2020)
• Dallas Cty. Hosp. Dist. v. Williams, 2020 WL 7767929 (Tex. App.—Dallas 2020)
• State v. City of Double Horn, 2019 WL 5582237 (Tex. App.—Austin 2019, pet. denied)
• Freeman v. City of Waxahachie, Texas, 2018 WL 3580824 (Tex. App.—Waco 2018)
• Nethery v. Turco, 2017 WL 2774448 (Tex. App.—Dallas 2017)
• Blank v. Bell, 634 Fed. App’x 445 (5th Cir. 2016), cert. denied, 578 U.S. 986 (2016)
• Trent v. Wade, 776 F.3d 368 (5th Cir. 2015)
• Est. of Pollard v. Hood Cty., Tex., 579 Fed. App’x 260 (5th Cir. 2014)
• Alexander v. Smith, 561 Fed. App’x 421 (5th Cir. 2014)
• Petrie v. Salame, 546 Fed. App’x 466 (5th Cir. 2013)
• Theobald v. Morris Ventures, LLC, 2013 WL 3422035 (Tex. App.—San Antonio 2013)
• Wenthold v. City of Farmers Branch, Tex., 532 Fed. App’x 474 (5th Cir. 2013)
• Blank v. Eavenson, 530 Fed. App’x 364 (5th Cir. 2013), cert. denied, 571 U.S. 1012 (2013)
• Carrasco v. City of Bryan, Tex., 515 Fed. App’x 325 (5th Cir. 2013)
• Kaufman County v. Leggett, 396 S.W.3d 24 (Tex. App.—Dallas 2012, pet. denied)
• Cantrell v. City of Murphy, 666 F.3d 911 (5th Cir. 2012), cert. denied, 568 U.S. 815 (2012)
• City of Caldwell v. Lilly, 2012 WL 3242742 (Tex. App.—Waco 2012)
• DeSmit v. Dallas Fort Worth Int’l Airport Bd., 470 Fed. App’x 277 (5th Cir. 2012)
• City of Wylie v. Taylor, 362 S.W.3d 855 (Tex. App—Dallas 2012)
• Chavers v. Hall, 488 Fed. App’x 874 (5th Cir. 2012)
• Sanchez v. Dallas/Fort Worth Int’l Airport Bd., 438 Fed. App’x 343 (5th Cir. 2011), cert. denied, 566 U.S. 962 (2012)
• City of Combine v. Robinson, 2011 WL 3570510 (Tex. App.—Dallas 2011)
• Chavers v. Morrow, 449 Fed. App’x 411 (5th Cir. 2011)
• Nickols v. Morris, 419 Fed. App’x 534 (5th Cir. 2011), cert. denied, 565 U.S. 886 (2011)
• City of Milford v. Calderon, 2010 WL 4983541 (Tex. App.—Waco 2010)
• Chavers v. Morrow, 354 Fed. App’x 938 (5th Cir. 2009)
• Copling v. Skees, 2009 WL 4210869 (Tex. App.—Dallas 2009)
• Rogers v. Hooper, 271 Fed. App’x 431 (5th Cir. 2008)
• Parker Creek Ests., LP v. Rockwall Cty., 2008 WL 1886784 (Tex. App.—Dallas 2008)