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

Case No. MISSING
Regular Panel Decision

Civil Service Employees Ass'n v. New York State Public Employment Relations Board

The Civil Service Employees Association (C.S.E.A.) filed an Article 78 application to challenge actions taken by the City of White Plains and the Public Employment Relations Board (P.E.R.B.). C.S.E.A. sought to vacate a resolution where the City recognized a different employee organization (S.I.W.A.) for a portion of its employees, thereby altering C.S.E.A.'s bargaining unit, and to annul a P.E.R.B. order upholding the City's action. The City cross-moved to dismiss the petition, arguing improper venue and that it was not a proper party. The court determined that Albany County was the correct venue and that the City was a proper party. The central issue was whether the City could unilaterally change bargaining unit composition without C.S.E.A.'s consent or a decertification petition. The court ultimately denied C.S.E.A.'s requested relief, agreeing with P.E.R.B. that public employers can recognize different employee organizations once an incumbent's unchallenged representation status period expires, in accordance with Civil Service Law sections 204 and 208.

Public Employment RelationsCollective Bargaining UnitsEmployee Organization RecognitionTaylor LawCivil Service LawArticle 78 CPLRBargaining Unit AlterationDecertification ProceedingsPublic Employer RightsVenue Disputes
References
1
Case No. 07-18-00324-CV
Regular Panel Decision
Feb 27, 2019

David Sloan Federal Public Defender's Office, Lubbock, Texas Greg Abbott, Governor of the State of Texas Ken Paxton, Attorney General of the State of Texas Steven C. McCraw, Director, Texas Department of Public Safety Sheriff Cliff Harris, Pecos County Pecos County Sheriff's Department v. John Alan Conroy

Steven C. McCraw, Director of the Texas Department of Public Safety (DPS), appealed the denial of a plea to the jurisdiction in a case brought by John Alan Conroy. Conroy, a pro se inmate, sought electronic recordings of an interrogation related to a federal child pornography conviction and $20,000,000 in damages for alleged constitutional rights violations under the Texas Constitution. McCraw argued sovereign immunity barred Conroy's claims for monetary damages. The Court of Appeals construed Conroy's petition as a suit for a writ of mandamus under the Texas Public Information Act (PIA) regarding the disclosure of the recordings, which is not barred by sovereign immunity. The court affirmed the denial of McCraw's plea to the jurisdiction regarding the mandamus action but modified the order to dismiss Conroy's claim for monetary damages due to sovereign immunity.

Sovereign ImmunityPublic Information ActMandamusDue ProcessTrial Court JurisdictionAppellate ReviewTexas Government CodeTexas Family CodePro Se LitigantDeclaratory Judgment
References
13
Case No. 03-04-00661-CV
Regular Panel Decision
May 17, 2007

Kenneth Garrett v. Texas Department of Public Safety, Thomas A. Davis, Individually and in His Official Capacity, Travis County and Patricia Michele Padron, Individually and in Her Official Capacity

Kenneth Garrett, convicted of indecent exposure, was classified as a "high-risk" sex offender, triggering public notification requirements. Garrett sued the Texas Department of Public Safety (DPS), its director Thomas A. Davis, Travis County, and community supervision officer Patricia Michele Padron, alleging improper classification and false public disclosures about a "second conviction." The district court granted summary judgment for the defendants. The Court of Appeals affirmed the summary judgment for the defendants regarding the "high-risk" classification, deeming it an impermissible collateral attack on his criminal conviction and privacy rights claims. However, it reversed and remanded the summary judgment concerning Garrett's common-law tort claims (defamation and intentional infliction of emotional distress) against Davis in his individual capacity, finding Davis failed to establish statutory immunity against claims for misstating Garrett's conviction history.

Sex Offender RegistrationHigh-Risk ClassificationIndecent ExposureCivil RightsDefamationIntentional Infliction of Emotional DistressSummary JudgmentCollateral AttackStatutory ImmunityQualified Immunity
References
44
Case No. MISSING
Regular Panel Decision

Dallas Independent School District v. American Federation of State, County & Municipal Employees, Local Union No. 1442

This case, heard by Justice YOUNG of the Texas Civil Appeals, involved several labor unions and individual public employees challenging the Dallas Public School District and its Superintendent, Dr. W. T. White. The dispute centered on the interpretation of Section 6, Article 5154c, V.A.C.S., concerning the right of public employees to present grievances through non-striking representatives. The District had refused to acknowledge the unions' capacity to act as such representatives. The trial court ruled in favor of the employees and unions, affirming their right to present grievances through their chosen representatives, provided they did not claim the right to strike. The appellate court upheld this decision, overruling the appellants' arguments against the scope of union representation for grievances.

Right to Work LawPublic EmployeesLabor UnionsGrievance ProceduresDeclaratory Judgment ActCollective BargainingRight to StrikeStatutory InterpretationClass ActionAppellate Review
References
4
Case No. 11-20-00145-CV
Regular Panel Decision
Jun 09, 2022

Justin Schrader v. Texas Department of Public Safety

Justin Schrader sued the Texas Department of Public Safety (DPS) for injuries sustained during his arrest, alleging negligent application of handcuffs and a 'leg sweep' by Trooper Jerry Hale. DPS moved to dismiss the suit, citing sovereign immunity under the Texas Tort Claims Act (TTCA). The trial court granted the dismissal. On appeal, Schrader argued that the TTCA's waiver of immunity applied and that the intentional tort exclusion did not, as Trooper Hale did not intend to injure him. The Eleventh Court of Appeals, however, affirmed the trial court's decision, ruling that the gravamen of Schrader's complaint was excessive force—a battery, an intentional tort—which falls under the TTCA's intentional tort exclusion, thus preserving DPS's sovereign immunity.

Sovereign ImmunityGovernmental ImmunityTexas Tort Claims ActIntentional Tort ExclusionBatteryExcessive ForcePolice MisconductPlea to the JurisdictionWaiver of ImmunityInterlocutory Appeal
References
29
Case No. MISSING
Regular Panel Decision

County of Westchester v. Arfmann

The case concerns public employees of the Westchester County Department of Public Welfare who engaged in a strike starting March 1, 1967, resulting in a motion for a temporary injunction by the County of Westchester. The employees, including the Westchester Welfare Workers Association, picketed county offices due to reported issues like case overloads and poor working conditions. While defendants claimed illness and presented testimony from a psychiatrist regarding 'adult situational stress reactions,' the court found that the mass absence constituted a strike interfering with welfare services. The court ruled that Section 807 of the Labor Law, which forbids injunctions in labor disputes, does not apply to public employees. Consequently, the court granted the plaintiff's motion for a temporary injunction.

Public Sector StrikeTemporary InjunctionLabor DisputeCivil Service LawEmployee ProtestWestchester CountyWelfare DepartmentIllegal StrikePicket LinesGovernment Employees
References
1
Case No. NO. 03-08-00466-CV
Regular Panel Decision
Feb 19, 2010

Texas Department of Public Safety v. Thomas Williams

Appellee Thomas Williams sued the Texas Department of Public Safety for discrimination and retaliation under the Texas Commission on Human Rights Act after being involuntarily transferred from the Governor's Protective Detail to the narcotics division. A jury found the Department retaliated against Williams, awarding him back pay, front pay, and damages for mental anguish. The Department appealed, arguing insufficient evidence for an adverse employment action and the monetary awards, and improper admission of an internal affairs report and an EEOC determination letter. The Texas Court of Appeals, Third District, affirmed the trial court's judgment, concluding that Williams's transfer, which resulted in a substantial loss of overtime and other benefits, constituted a materially adverse employment action. The court also found the jury's back and front pay awards were supported by sufficient evidence and that the trial court did not abuse its discretion in its evidentiary rulings.

Employment RetaliationRace DiscriminationTexas Commission on Human Rights ActAdverse Employment ActionBack PayFront PayOvertime CompensationEvidentiary RulingsInternal Affairs ReportEEOC Determination Letter
References
33
Case No. 13-17-00501-CV
Regular Panel Decision
Apr 25, 2019

Texas Department of Public Safety v. Herminio Pasillas

The Texas Department of Public Safety (Department) appealed a county court's judgment that reversed the suspension of Herminio Pasillas's driver's license. Pasillas was arrested for driving while intoxicated (DWI) after being stopped for an inoperable taillamp, exhibiting signs of intoxication, and failing field sobriety tests, with a subsequent breath test showing an alcohol concentration of 0.091. An administrative law judge (ALJ) initially suspended Pasillas's license, finding sufficient evidence for the stop, arrest, and intoxication, but the county court reversed this decision. On appeal, the Thirteenth District Court of Appeals independently reviewed the ALJ's decision under a substantial evidence standard. The appellate court held that substantial evidence supported the ALJ's findings and rejected Pasillas's arguments regarding the untrustworthiness of the officer's sworn report and unpreserved issues from the ALR hearing. Consequently, the Court of Appeals reversed the county court's judgment and reinstated the suspension of Pasillas's driver's license.

Driver's License SuspensionDWIAdministrative License Revocation (ALR)Substantial Evidence ReviewProbable CauseReasonable SuspicionAdmissibility of EvidenceOfficer's Sworn ReportBreath TestTraffic Violation
References
18
Case No. 08-25-00021-CV
Regular Panel Decision
Oct 07, 2025

Texas Department of Public Safety v. Kenneth F. Sanders, Jr.

The Texas Department of Public Safety (DPS) appealed the trial court's denial of its plea to the jurisdiction in a case brought by Kenneth Sanders, Jr. Sanders, a former Texas State Trooper, sued DPS for disability discrimination and retaliation under the Texas Commission on Human Rights Act (TCHRA) following his resignation, which he alleged was a constructive discharge. DPS asserted sovereign immunity, arguing Sanders failed to establish a prima facie case for his claims. The appellate court found that Sanders did not sufficiently plead facts to demonstrate a prima facie case for either disability discrimination or retaliation, thereby failing to invoke the TCHRA's limited waiver of sovereign immunity. Consequently, the appellate court reversed the trial court's decision and dismissed Sanders's claims against DPS.

Employment DiscriminationRetaliationSovereign ImmunityPlea to the JurisdictionTexas Commission on Human Rights ActDisability DiscriminationConstructive DischargePrima Facie CaseCausationTemporal Proximity
References
31
Case No. MISSING
Regular Panel Decision

Denton v. Texas Department of Public Safety Officers Ass'n

Lane Denton sued the Texas Department of Public Safety Officers Association (DPSOA) and other appellees for wrongful termination, breach of contract, intentional infliction of emotional distress, violation of privacy, and tortious interference with business. Denton invoked his Fifth Amendment privilege against self-incrimination during discovery due to a pending criminal indictment for misappropriation of DPSOA funds. The trial court denied his requests for abatement and a protective order, subsequently dismissing his civil suit for non-compliance with discovery. The appellate court reversed the trial court's judgment, finding that Denton did not waive his privilege by 'offensive use' under the *Republic Insurance Co. v. Davis* test. The court also concluded that dismissal was an excessive sanction given Denton's legitimate assertion of his constitutional rights, and remanded the case for further proceedings.

Fifth AmendmentSelf-IncriminationDiscovery AbuseSanctionsCivil ProcedureDue ProcessEmployment LawWaiverAppellate ReviewTexas Law
References
21
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