City of Bertram, Texas v. Vicki Reinhardt
03-14-00296-CV
Tex. App.Sep 28, 2015Background
- City of Bertram sued by Reinhardt under Texas Whistleblower Act; trial court denied city’s Plea to the Jurisdiction and summary judgment; August 12, 2015 panel majority upheld denial except for exhaustion remand; Reinhardt provided deposition and an affidavit arguing a “false” financial report; panel allowed the affidavit to raise a fact issue; City seeks rehearing and en banc reconsideration claiming sovereign immunity should bar the action; the issue is whether conclusory/unsupported affidavits can defeat a jurisdictional plea and preclude immunity; the opinion relies on cases requiring probative facts to raise a genuine issue of jurisdiction; the record shows Reinhardt could not identify a law or provide facts showing a violation of law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a conclusory affidavit can create a fact issue to defeat a jurisdictional plea under the Whistleblower Act | Reinhardt’s affidavit creates a genuine issue as to the claim’s elements | Conclusive statements lack underlying facts and cannot defeat jurisdiction | No; conclusory affidavit cannot raise a fact question to defeat sovereign immunity |
Key Cases Cited
- City of El Paso v. Heinrich, 284 S.W.3d 366 (Tex. 2009) (sovereign immunity preserved when no probative evidence on each element of the claim)
- Texas Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004) (controlling standard for discovery of evidentiary materials in immunities contexts)
- Llanes v. Corpus Christi Indep. Sch. Dist., 64 S.W.3d 638 (Tex. App.—Corpus Christi 2001) (emphasizes need for law prohibiting the conduct; not all reports imply a legal violation)