Nairn v. Killeen Independent School District
366 S.W.3d 229
Tex. App.2012Background
- Nairn, KISD Special Education Coordinator, reported violations by district management in 2006-2007.
- Nairn was reassigned to teacher in 2007, deemed a demotion, but salary stayed the same.
- Board found no discrimination/ retaliation/harassment substantiated; ordered investigation and possible remediation.
- Commissioner of Education held a hearing; found nonrenewal supported by substantial evidence and reprimands.
- District notified Nairn of nonrenewal on March 12, 2008; no-renewal effective April 1, 2008; Commissioner decision May 20, 2008.
- Trial court granted summary judgment/supplemental plea; struck Third Amended Petition; final judgment entered in 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether administrative exhaustion is required for federal claims | Nairn argues Education Code exhaustion not required | KISD argues no jurisdiction without ED Code appeal | District court lacked jurisdiction for nonrenewal claims; collateral estoppel applied |
| Collateral estoppel precludes other claims | Claims not fully/fairly litigated before Commissioner | Commissioner resolved key facts; res judicata apply | Collateral estoppel applied to nonrenewal-related claims; other claims allowed to proceed |
| Post-decision facts can't be used to revive claims | New facts post-decision support claims | No basis; post-decision facts not in Commissioner record | Post-decision facts cannot defeat estoppel; limited revival of some claims allowed |
| Strike of Third Amended Petition proper | Amendment timely and not a surprise | Amendment filed late, without leave of court | Court did not abuse discretion; strike upheld |
| Recusal of Judge Morris | Judge Morris biased due to economic interest | No preserved motion to recuse; no apparent bias | Issue non-preserved; recusal not warranted |
Key Cases Cited
- Moses v. Dallas ISD, 12 S.W.3d 168 (Tex.App.—Dallas 2000) (timeliness and scope of appellate review of admin decisions)
- Griego v. Ysleta Indep. Sch. Dist., 170 S.W.3d 792 (Tex.App.—El Paso 2005) (requirement to exhaust administrative remedies for nonrenewal claims)
- Puga v. Donna Fruit Co., Inc., 634 S.W.2d 677 (Tex. 1982) (collateral estoppel prerequisites in agency orders)
- Bryant v. L.H. Moore Canning Co., 509 S.W.2d 432 (Tex.Civ.App.—Corpus Christi 1974) (agency findings binding when agency acts in judicial capacity)