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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Rodriguez v. State

This is an appeal from jury convictions for two counts of engaging in organized criminal activity, specifically bribery and aggravated theft. The Appellant, Albert Rodriguez, owner of Lamco, was found guilty of orchestrating a kickback scheme involving fraudulent invoices with the El Paso Independent School District (EPISD) and bribing EPISD employees. The appellate court affirmed the conviction, addressing numerous legal issues raised by Rodriguez, including the sufficiency of accomplice witness testimony, the denial of severance for the criminal counts, issues with subpoenas, indictment defects, jury charge instructions, and the admissibility of evidence summaries. The court found no reversible error in the trial court's proceedings.

Criminal appealOrganized crimeBriberyAggravated theftFraudKickbacksAccomplice testimonySufficiency of evidenceJury chargeTrial procedure
References
91
Case No. MISSING
Regular Panel Decision

Beaumont v. Texas Department of Criminal Justice

Plaintiffs Glen Beaumont and Jared Fielder, correctional officers, sued the Texas Department of Criminal Justice (TDCJ) for racial discrimination and retaliation under Title VII. The claims arose from an incident where a Black lieutenant made racially charged and gender-derogatory remarks. Following this, the plaintiffs reported the incident and filed EEOC charges, alleging retaliation through denial of promotion, job reassignment, negative performance entries, and denied training. The court granted TDCJ's motion for summary judgment, ruling that the single incident of harassment, while offensive, was not severe or pervasive enough to constitute a hostile work environment. Additionally, the court found that the alleged retaliatory actions either lacked a causal connection to protected activity or were not materially adverse employment actions under Title VII standards.

Employment DiscriminationRacial HarassmentRetaliationTitle VIIHostile Work EnvironmentSummary JudgmentCorrectional OfficersFederal CourtFifth CircuitProtected Activity
References
140
Case No. 08-20-00050-CV
Regular Panel Decision
Sep 28, 2021

Bibiana Flores v. Texas Department of Criminal Justice

Bibiana Flores, a former correctional officer for the Texas Department of Criminal Justice (TDCJ), appealed the trial court's decision granting TDCJ's plea to the jurisdiction and motion for summary judgment. Flores alleged discrimination and retaliation claims under the Texas Commission on Human Rights Act (TCHRA) after her termination in 2013, claiming unlawful employment practices due to a disability. The central issue revolved around whether her request for a shift change to attend physical therapy constituted a protected activity under the TCHRA's retaliation provisions. Citing recent Texas Supreme Court precedent in Lara II, the court concluded that Flores failed to demonstrate her accommodation request alerted TDCJ to a reasonable belief of unlawful discrimination. Consequently, the appellate court affirmed the dismissal of Flores's claims due to her failure to establish a prima facie case for retaliation, thereby affirming the trial court's lack of subject matter jurisdiction.

Employment LawRetaliation ClaimDisability DiscriminationTexas Labor CodeTCHRASovereign ImmunityPlea to JurisdictionSummary JudgmentProtected ActivityReasonable Accommodation
References
28
Case No. MISSING
Regular Panel Decision

People v. Louis

This judicial opinion addresses a claim by Consultants for Criminal Justice Alternatives (CCJA) for $1,260 in compensation, under County Law § 722-c, for 28 hours of prepleading and presentence 'other than counsel services' provided to an un-named criminal defendant. Judge Budd G. Goodman approved 27 hours of service but reduced the hourly rate from $45 to $30, awarding $810. The court denied compensation for clerical activities. The decision extensively discussed criteria for 'reasonable compensation' based on service provider qualifications and service nature, and affirmed the existence of 'extraordinary circumstances' allowing compensation above the $300 statutory limit.

Compensation ClaimCounty Law § 722-cOther Than Counsel ServicesPrepleading ReportPresentence ReportExtraordinary CircumstancesHourly Rate DeterminationParaprofessional ServicesCriminal DefenseSocial Work Standards
References
4
Case No. MISSING
Regular Panel Decision

In Re Criminal Contempt Proceedings Against Crawford

This decision addresses a criminal contempt proceeding initiated by the government against Gerald Crawford and Michael Warren for allegedly violating a temporary restraining order (TRO). The TRO, issued in an underlying civil action, prohibited certain conduct outside reproductive health care facilities. Defendants sought dismissal, arguing the TRO had expired under Rule 65(b) before their alleged violations. The Court rejected this, holding that the extended TRO became an appealable preliminary injunction, thus requiring defendants to obey it. The Court further denied defendants' motions for recusal, change of venue, and dismissal based on First Amendment claims, upholding the enforceability of its order.

Criminal ContemptTemporary Restraining Order (TRO)Preliminary InjunctionRule 65(b)Collateral Bar DoctrineFirst Amendment RightsRecusal MotionChange of Venue MotionJudicial AuthorityAppellate Review
References
55
Case No. MISSING
Regular Panel Decision

Campos v. Texas Department of Criminal Justice

Appellants, Luzelma Campos, Betty Jo Gonzalez, and Misty Valero, appealed a trial court's order granting a plea to the jurisdiction in favor of the Texas Department of Criminal Justice Community, Justice Assistance Division, and Nueces County entities. Appellants alleged federal civil rights violations and torts under the Texas Tort Claims Act for sexual harassment and assault while incarcerated at the Nueces County Substance Abuse Treatment Facility. The appellate court affirmed the dismissal of the federal civil rights claims, finding the appellees to be state entities immune under section 1983 and the claims for injunctive relief moot. However, the court reversed and remanded the claims under the Texas Tort Claims Act, specifically those related to premise defect, use of tangible personal property, and negligent hiring, training, and supervision, allowing for further discovery and amendment of pleadings.

Sovereign immunityTexas Tort Claims ActPlea to jurisdictionSection 1983Premise defectTangible personal propertyNegligent hiringNegligent supervisionSexual harassmentSexual assault
References
15
Case No. MISSING
Regular Panel Decision

Levias v. Texas Dept. of Criminal Justice

Plaintiff Oscar Levias, an African-American male, sued Defendant Texas Department of Criminal Justice (TDCJ) under Title VII, alleging failure to promote and retaliation. Levias claimed he was denied promotions to Assistant Plant Manager in November 2000 (when Danny Ticknor, a white male, was reassigned) and February 2002 (when James McDaniel, a white male, was hired), and to Plant Manager in April 2001 (when Alan Albright, a white male, was assigned). He also filed an EEOC complaint in June 2001, asserting discrimination and later retaliation. The court granted TDCJ's motion for summary judgment regarding Albright's appointment, finding Levias failed to establish he sought the position. However, the court denied summary judgment for the other failure-to-promote claims and the retaliation claim, concluding that Levias presented sufficient evidence for a reasonable jury to find pretext or a mixed motive for discrimination and retaliation. The court discussed the impact of Desert Palace v. Costa on the McDonnell Douglas burden-shifting paradigm, affirming that direct evidence is not required for a mixed-motive instruction in Title VII cases.

Title VIIEmployment DiscriminationRace DiscriminationFailure to PromoteRetaliationSummary JudgmentMcDonnell DouglasMixed-Motive TheoryPretextEEOC
References
56
Case No. MISSING
Regular Panel Decision

Texas Department of Criminal Justice v. Simons

The Texas Department of Criminal Justice-Institutional Division (TDCJ) appealed the trial court's denial of its plea to the jurisdiction and no-evidence motion for summary judgment. The case involves Brian Edward Simons, an incarcerated individual who sued TDCJ for injuries. The central legal question is whether TDCJ received "actual notice" of Simons's claim, a requirement under the Texas Tort Claims Act. The court considered the recent amendment to Government Code section 311.034, which makes statutory prerequisites to suit jurisdictional, and applied it retroactively. Analyzing the "subjective awareness" standard for actual notice, the court found that TDCJ's internal investigation, which concluded Simons was at fault, and communications from Simons's legal assistant, did not demonstrate TDCJ had subjective awareness that its own fault contributed to Simons's injury. Consequently, the court held that TDCJ lacked actual notice, reversed the trial court's order, and dismissed Simons's claim for want of jurisdiction.

Texas Tort Claims ActSovereign ImmunityActual NoticeSubjective AwarenessGovernmental Unit ImmunityJurisdictional PrerequisitesRetroactive Application of StatuteProcedural LawSummary Judgment MotionPlea to Jurisdiction
References
14
Case No. 08-22-00130-CV
Regular Panel Decision
Apr 28, 2023

Texas Department of Criminal Justice v. Rita Tidwell

Rita Tidwell sued her former employer, the Texas Department of Criminal Justice (TDCJ), alleging retaliatory termination for filing a workers' compensation claim after a job injury. TDCJ appealed the trial court's denial of its plea to the jurisdiction, asserting governmental immunity. The Court of Appeals examined whether Tidwell provided sufficient jurisdictional facts to waive TDCJ's immunity, specifically focusing on a causal link between her workers' compensation claim and termination. The court concluded that Tidwell failed to establish a prima facie case of retaliation, finding insufficient circumstantial evidence to support a causal connection or to show TDCJ's stated reason for termination (exhaustion of leave options under a uniformly enforced policy) was pretextual. Consequently, the appellate court reversed the trial court's order and rendered judgment in favor of TDCJ.

Workers' Compensation RetaliationGovernmental ImmunityPlea to the JurisdictionTexas Labor Code Chapter 451Absence Control PolicyPrima Facie CaseCircumstantial EvidenceCausal LinkModified Duty AssignmentAdministrative Separation
References
28
Case No. 2023 NY Slip Op 00701
Regular Panel Decision
Feb 09, 2023

Matter of Iwuchukwu (Active Transp. Servs.--Commissioner of Labor)

The case involves an appeal by Active Transport Services (ATS) from decisions of the Unemployment Insurance Appeal Board. The Board ruled that Godwin Iwuchukwu, a delivery driver for ATS, was an employee and eligible for unemployment insurance benefits, and that ATS was liable for contributions. The Appellate Division, Third Department, affirmed these decisions, finding substantial evidence supported the Board's determination of an employment relationship, based on ATS's control over drivers, and that Iwuchukwu had not voluntarily left employment without good cause, as he cited a lack of work.

Unemployment InsuranceEmployment RelationshipIndependent ContractorDelivery DriverLogistics BrokerSubstantial EvidenceUnemployment Benefits EligibilityVoluntary Leaving EmploymentDisqualifying MisconductAppellate Review
References
16
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