A hospital nurse reported possible child abuse. She was fired soon after. Was that report to Child Protective Services protected activity? That is, was her report covered by the Texas statute that prohibits reprisal for reporting possible abuse? The Texas Supreme Court says no. In looking at Texas Family Code Sec. 261.110, the higher court
Texas Supreme Court
US Supreme Court Finds for Texas Guardsman
In 2019, I wrote about the Torres v Dept. of Public Safety case here. That case has now been decided in favor of Capt. Leroy Torres, a Texas Guardsmen. The DPS would not accommodate his illness, which he contracted during his tour in Iraq. Capt. Torres then filed suit under the Uniformed Services Employment…
Alex Jones Loses Appeal
Alex Jones and InfoWars were sanctioned in 2019. See my prior post here. Now, Mr. Jones’ motion to dismiss has been denied. Alex Jones has been sued in Texas by three families from the Sandy Hook Elementary shooting. Alex Jones and InfoWars claimed the shooting was not real. Two suits (field by Fontaine and…
No, Fear of the Virus is not a Disability, After All
I previously wrote about the federal court’s interpretation of the Texas Election Code here. In that decision, the Western District of Texas found that fear of contracting the coronavirus does indeed constitute a disability. Now, the Texas Supreme Court has weighed in. TheTexas Supreme Court reached the opposite conclusion, that fear of the virus…
UIW Police Force Has No Immunity
So, it appears after all that the police force of a private entity is not an arm of the state. I mis-read the Texas Supreme Court’s 2017 decision. I wrote about that 2017 decision here. The Texas Supreme Court has now resolved the issue in University of the Incarnate Word v. Redus, No. 18-0351…
Texas Supreme Court Rejects City Appeal
Well, the Texas Supreme Court surprisd me. They rejected the City of San Antonio’s appeal regarding the fire fighter’s union contract. I mentioned in 2015 that the City seemed to be relying on an appeal to the Texas Supreme Court. See my prior post here. The Supreme Court rejected the City’s appeal with no…
Texas Supreme Court Upholds Jury Verdict
In a recent decision, the Texas Supreme Court found in favor of an employee. And, as far as I know it did not snow last July. In Green v. Dallas County Schools, No. 16-0214 (Tex. 5/12/2017), Paul Green a bus monitor, urinated on himself while on the bus. He was fired and sued. The…
Oral Arguments in Same Sex Harassment Case
The Texas Supreme Court heard oral arguments in the Clark v. Alamo Heights Independent School District case. The San Antonio Court of Appeals recognized same sex harassment in that case. The school district has now appealed the matter to the Texas Supreme Court. The lawyer for the district appears to be trying to un-do that…
Whistleblower Must Risk Job to Protect the Public
The Texas Whistleblower Law has many limitations. One of those limits includes the requirement that the whistleblower must report the alleged violation of law to a law enforcement authority. For most laws, the local police force would be the appropriate authority. But, what about those many obscure white collar type crimes? We see one such…
Supreme Court Hears UIW Claim for Governmental Immunity
It seems almost silly to argue, as the University of the Incarnate Word does, that UIW’s police force is a governmental body. Yet, that is the very argument the school made to the Texas Supreme Court yesterday. I previously wrote about this appeal here and here. UIW seeks the status of “qualified immunity.” With…