City of El Paso v. Alan Parsons
353 S.W.3d 215
| Tex. App. | 2011Background
- Parsons sued City of El Paso under the Texas Whistleblower Act for retaliation after reporting violations to the TCFP.
- Parsons, Training Chief, informed officials of continuing-education violations and a falsified renewal certificate by Fire Chief Rivera.
- TCFP audit in May 2007 found 218 violations; City faced penalties; Parsons notified authorities and assisted the audit.
- Shortly after, Parsons was reassigned from the Training Academy to the Logistics Section, retaining title but losing duties.
- Parsons faced restricted contact with trainees, loss of training authority, and removal from normal Training Chief functions.
- A jury awarded Parsons past compensatory damages; trial court later awarded attorneys’ fees to Parsons.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causal link between report and adverse action | Parsons’ report caused the transfer and actions against him. | No causal link; actions were justified and unrelated to the report. | Sufficient evidence supports causation |
| Whether reassignment was an adverse personnel action | Reassignment deprived Parsons of duties and status materially adverse. | No material adverse action; pay and duties largely preserved. | Reassignment was materially adverse |
| Attorneys’ fees designation timelines | Fees should be recoverable; designation timing was reasonable. | Untimely designation prejudiced City. | Court acted within discretion to award fees |
Key Cases Cited
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (standard for legal sufficiency review in Texas)
- Zimlich v. City of Fort Worth, 29 S.W.3d 62 (Tex. 2000) (circumstantial evidence standard for causation in whistleblower cases)
- Hinds v. Dept. of Human Services, 904 S.W.2d 629 (Tex. 1995) (causation and retaliation standards under the Whistleblower Act)
- Montgomery County v. Park, 246 S.W.3d 610 (Tex. 2007) (retaliatory actions evaluated under a broad adverse-action standard)
- Burlington Northern & Santa Fe Ry. Co. v. White, 548 U.S. 53 (U.S. 2006) (retaliatory actions and impact standard for adverse actions)