Elizabeth Overstreet v. Judge Bradley S. Underwood, Individually and in His Capacity as Judge of the 364th Judicial District, Lubbock County, Texas
Elizabeth Overstreet appealed the trial court's decision regarding her employment termination and defamation claims against Judge Bradley Underwood. Overstreet, a Court Coordinator for the 364th District Court, was terminated after reporting an incident of inappropriate touching and subsequently not returning to her position. She filed complaints with the Texas Workforce Commission-Civil Rights Division, alleging sex discrimination and retaliation. The Court of Appeals reviewed whether the lawsuit was timely filed under the Texas Labor Code and considered the defamation claim. The court concluded that Overstreet's suit was not timely filed, as the first right-to-sue notice was controlling, and affirmed the trial court's decision to grant summary judgment on the defamation claim, finding no defamatory statement was published.