Declaratory Judgments, Employment Law, Injunction, Litigation, Sovereign Immunity, Ultra Vires

Waco Court of Appeals holds fact question exists on who could terminate a police officer

Gregory Maliere v City of Buffalo, Texas, et al, No. 10-22-00391-CV (Tex. App. — Waco, September 28, 2023)  This is essentially an employment dispute where the City terminated a police officer. The officer sued for ultra-vires actions asserting only the chief of
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Civil Service/Collective Bargaining, Contracts, Employment Law, Litigation

Beaumont Court of Appeals holds civil service employee’s suit deadline was not extended by Supreme Court’s emergency orders

Michael Scott Nix v. City of Beaumont, Texas, 09-22-00042-CV (Tex. App. – Beaumont, July 27, 2023) In this civil service lawsuit, the Beaumont court of appeals affirmed the granting of the City’s plea to the jurisdiction. Plaintiff Nix, a City of Beaumont
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Employment Law, Procedure, Sovereign Immunity, Whistleblower

Fifth Circuit Court of Appeals holds trial court granting of plea to the jurisiction did not address amended pleadings

Trisa Crutcher (Trisa St. Clair) v City of Forth Worth, No. 05-22-00650-CV (Tex. App-Dallas, May 15,2023) In this case the Dallas Court of Appeals reversed the granting of the city’s plea to the jurisdiction under the Plaintiff’s Whistleblower cause of action. Trisa
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Civil Service/Collective Bargaining, Employment Law, Procedure, Sovereign Immunity

San Antonio Court of Appeals holds civil service protection does not allow applicants to appeal to district court who do not already fall under control of a specific commission

The City of San Antonio Fire Fighters’ and Police Officers’ Civil Service Commission; City of San Antonio v. Gabriel Saenz, 04-22-00347-CV (Tex.App. – San Antonio, April 27, 2023) This is a civil service/employment dispute where the San Antonio Court of Appeals determined
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Constitutional Challenge, Employment Law, Procedure

An F-5 general discharge is insufficient evidence of disparagement of character to require a name clearing hearing as part of termination of employment due process.

An F-5 general discharge is insufficient evidence of disparagement of character to require a name clearing hearing as part of termination of employment due process. Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Fort Worth v. Joel Fitzgerald,
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Declaratory Judgments, Employment Law, Injunction, Litigation

13th Court of Appeals holds former municipal court judge failed to establish right to injunction to prevent his removal

Phil Bellamy v. The City of Brownsville, et al, 13-22-00087-CV (Tex. App. – Corpus Christi, January 26, 2023) This is an interlocutory appeal from the denial of a temporary injunction where the Thirteenth Court of Appeals affirmed the denial.  The case involved
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Civil Service/Collective Bargaining, Constitutional Challenge, Contracts, Employment Law, Litigation, Sovereign Immunity

Fourth Court of Appeals holds civil service employee established jurisdiction for denial of due process claim

City of Laredo  and City of Laredo Municipal Civil Service Commission v. Tony H. Moreno, 04-21-00413-CV, (Tex. App – San Antonio, Aug. 24, 2022)  This is a civil service appeal where the Fourth Court of Appeals affirmed the denial of the City’s
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Agency, Civil Service/Collective Bargaining, Declaratory Judgments, Employment Law, Litigation, Procedure

Fort Worth Court of Appeals affirms trial court’s authority under Civil Service Act to vacate a hearing examiner award, remand for a rehearing, and require a separate hearing examiner

Shea O’Neill v. City of Fort Worth, 02-21-00214-CV (Tex. App. – Fort Worth, Feb 3, 2022) This is a civil service case (which has already gone up and down the appellate ladder) where the Fort Worth Court of Appeals affirmed the trial
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