City of Laredo v. Gilbert Buenrostro
2011 Tex. App. LEXIS 8469
| Tex. App. | 2011Background
- Buenrostro was a long-time Laredo police officer terminated by the City; the Commission sustained termination and the district court later granted him summary judgment; the City appeals.
- Cell phone belonging to Gomez? actually Garcia’s phone contained explicit images of Buenrostro with Garcia, taken during on-duty hours, which led to disciplinary action.
- Evidence was downloaded from the phone; date/time stamps suggested on-duty timing; Chief relied on this and other conduct to terminate.
- Buenrostro contends the phone search violated Fourth Amendment standards (O’Connor); the City argues the issue was not preserved but submits substantial evidence supports termination.
- District court granted summary judgment for Buenrostro; on appeal the court held substantial evidence supported the Commission’s decision even without the phone evidence; the court reversed and rendered affirming the Commission.
- The ultimate holding is that the Commission’s order terminating Buenrostro stands and the trial court’s contrary grant of summary judgment is reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Fourth Amendment search affected the outcome | Buenrostro argues the phone search violated Fourth Amendment rights | City contends the issue was preserved and supported by other evidence | Substantial evidence supports termination even without phone evidence |
| Whether there was substantial evidence supporting the Commission findings | Without the phone photos/videos there is no substantial evidence | Evidence of on-duty misconduct and other violations constitutes substantial evidence | Yes; substantial evidence supports the Commission’s findings |
| Whether the trial court erred in granting summary judgment in favor of Buenrostro | Trial court should have excluded improperly admitted evidence | Record contains substantial evidence beyond the phone evidence | The trial court erred; Commission order affirmed |
Key Cases Cited
- O'Connor v. Ortega, 480 U.S. 709 (U.S. 1987) (reasonable search standards for government employee property)
- Firemen’s & Policemen’s Civil Serv. Comm’n v. Brinkmeyer, 662 S.W.2d 953 (Tex. 1984) (substantial evidence review; agency deference in administrative orders)
- Torch Operating Co. v. Railroad Comm’n of Tex., 912 S.W.2d 790 (Tex. 1995) (substantial evidence standard and scope of review)