364 S.W.3d 425
Tex. App.2012Background
- Relator Misty Jordan sues former employer Gajekse, Inc. for sexually hostile work environment and firing.
- Relator claims she saw sexually graphic content on company computers and alleges she created memoranda about it on her work computer.
- Relator asserts she never viewed pornography before employment at Gajekse.
- Gajekse requests production of relator's home computer and hard drive; trial court orders production for forensic examination.
- Order allows examination of internet history, emails, and memoranda; Weekley procedure not followed; court abuses discretion and mandamus relief is appropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court abuse its discretion ordering a forensic search? | Weekley requires specific requests, clear production form, and safeguards. | Need for targeted verification of alleged misconduct justifies intrusion. | Yes; court abused discretion due to noncompliance with Weekley procedures. |
| Is mandamus proper to remedy the intrusive discovery order? | There is no adequate remedy at law and error cannot be cured on appeal. | Remedy at law may exist after fuller proceedings, not mandamus. | Yes; relator entitled to mandamus relief if trial court does not vacate the order. |
Key Cases Cited
- In re Weekley Homes, L.P., 295 S.W.3d 309 (Tex. 2009) (sets procedures for computer hard-drive production and cautions on intrusion)
- Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (orig. proceeding; abuse of discretion standard)
- In re Prudential Ins. Co. of Am., 148 S.W.3d 124 (Tex. 2004) (protective- order considerations and adequate remedy at law)
