Gosey v. The City of Forest Hill, Texas
4:11-cv-00047
N.D. Tex.Jul 15, 2011Background
- Gosey, mayor of the City of Forest Hill, Texas, sues the City for injuries from his December 2010 suspension.
- Plaintiff alleges four city council members voted to suspend him based on trumped-up ethics violations and publicize the allegations.
- Plaintiff asserts claims for defamation, false light, and a § 1983 constitutional claim for injury to reputation.
- City moves to dismiss the second amended complaint for immunity under the Texas Tort Claims Act and lack of a recognized false light tort, and for failure to state a § 1983 claim.
- Court finds immunity and no false light, and grants dismissal of defamation and false light claims.
- Court determines elected status leaves no property interest in the mayoralty; § 1983 claim is therefore not viable and is dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are defamation and false light claims viable? | Gosey asserts harm to reputation arises from official conduct. | City is immune from defamation under the Texas Tort Claims Act and false light is not recognized in Texas law. | Defamation and false light claims dismissed. |
| Does § 1983 claim survive given no property or liberty interest? | Claim protects reputation and possibly employment interests. | As an elected official, no property interest in the mayoralty; possible liberty interest not established. | § 1983 claim dismissed. |
| If liberty interest under Bledsoe applies, does the record support it? | Discharge could create a stigma implicating due process rights. | Plaintiff did not allege hearing denial or requested hearing; elected status unlikely to create such liberty interest. | Not established; claim dismissed. |
Key Cases Cited
- Paul v. Davis, 424 U.S. 693 (1976) (injury to reputation alone not a due process deprivation)
- Snowden v. Hughes, 321 U.S. 1 (1944) (no property interest in elective office)
- Taylor & Marshall v. Beckham, 178 U.S. 548 (1900) (no property interest in office for elected official)
- Bledsoe v. City of Horn Lake, 449 F.3d 650 (5th Cir. 2006) (liberty interest hinges on notice, hearing, and defaming discharge)
- Rosenstein v. City of Dallas, 876 F.2d 392 (5th Cir. 1989) (liberty interest considerations for public employees)
- White v. Thomas, 660 F.2d 680 (5th Cir. 1981) (due process considerations in stigma cases)
- Cain v. Hearst Corp., 878 S.W.2d 577 (Tex. 1994) (Texas does not recognize false light tort)