law-due-process-public-employment adverse personnel actions termination discharge discipline
Villegas v. Harris County (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Bland) (termination of
employment, Title VII, Section 1983 due process denial)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Alcala and Bland
01-07-00031-CV David Villegas v. Harris County and Ron Hickman, Harris County Constable, Precinct 4
Appeal from 80th District Court of Harris County (Judge Kent Sullivan)
Texas Supreme Court Holds that Discontinued Deputy Constable
Was Entitled to Grievance Hearing As A Matter of Procedural Due Process
County of Dallas v. Lamar Walton, No. 04-0631 (Tex. Feb 16, 2007)(Hecht) at will employment, civil
services system, public employee, governmental entities, section 1983 action CRA
Deputy constable was not resworn after new Dallas County Constable took office. Deputy, who was a
civil service employee, sued county for damages and reinstatement alleging deprivation of his
constitutional due process rights. The new Constable and the County relied on Deputy's signed
acknowledgment that his employment was at will. The Supreme Court holds that a constable cannot
unilaterally remove covered deputies from the civil service system by requiring the waiver, and that the
deputy's signed statement thus had no legal effect. The Court determines that Deputy Walton has a
valid procedural due process claim because he was denied a grievance hearing before the civil service
commission, and remands to the trial court. Key cases: County of Dallas v. Wiland (Tex. Feb. 16,
2007)(Hecht)