559 S.W.3d 183
Tex. App.2017Background
- Appellant Eric D. Hillman was an assistant district attorney for Nueces County and was terminated after he disclosed purportedly exculpatory evidence in a case he was prosecuting.
- Hillman alleges his supervisor instructed him not to disclose the evidence; he investigated ethical obligations, concluded disclosure was required, and released the material to the defendant.
- After disclosure Hillman was fired and sued the County and related entities for wrongful termination, invoking the Sabine Pilot exception (refusal to commit illegal act) and arguing waiver under the Michael Morton Act.
- The County filed a plea to the jurisdiction asserting governmental immunity and arguing no statutory waiver applies.
- The trial court granted the County's plea to the jurisdiction; Hillman appealed, contending sovereign immunity was waived.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sabine Pilot waives governmental immunity for wrongful termination of a government employee who refused to commit an illegal act | Hillman: Sabine Pilot creates a cause of action allowing suit for wrongful termination when employee refuses to perform illegal act | County: Sabine Pilot applies to private employers only; sovereign immunity bars Sabine Pilot claims against governmental employers absent clear statutory waiver | Court: Sabine Pilot does not waive governmental immunity; exception not extended to government employees |
| Whether the Michael Morton Act waives governmental immunity for Hillman's claim | Hillman: Article 39.14 (Michael Morton Act) prohibits prosecutors from withholding exculpatory evidence and thus provides legislative permission to sue | County: Michael Morton Act contains no clear, unambiguous waiver of sovereign immunity for wrongful termination suits | Court: Michael Morton Act does not contain language waiving governmental immunity for Hillman's claims; no clear and unambiguous waiver shown |
Key Cases Cited
- Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547 (Tex. 2000) (standard for plea to the jurisdiction and when to consider evidence)
- Tex. Dep't of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004) (de novo review of jurisdictional issues; waiver must be clear and unambiguous)
- Kirby Lake Dev., Ltd. v. Clear Lake City Water Auth., 320 S.W.3d 829 (Tex. 2010) (local governmental entities have absolute immunity absent express waiver)
- Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985) (narrow exception to employment-at-will for refusal to perform illegal act)
- Mission Consol. Indep. Sch. Dist. v. Garcia, 314 S.W.3d 548 (Tex. App.—Corpus Christi 2010) (summary-judgment-like analysis for jurisdictional facts and application to governmental immunity)