Supreme Court of Texas Blog

No. 13-0815
Click for Official Page

BILLY EDWARD DAMUTH, II v. TRINITY VALLEY COMMUNITY COLLEGE AND GLENDON S. FORGEY, INDIVIDUALLY

The Court requested full merits briefing on February 14, 2014. The Court issued an opinion resolving the case on November 21, 2014. File Closed

Opinion

November 21, 2014

Percuriam.246722

Per Curiam Opinion PDF

 

Court of Appeals

Appellate District:12th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:12-12-00353-CV
Opinion Author:Honorable Sam Griffith

Trial Court

Trial Court:392nd District Court
County:Henderson
Trial Judge:Honorable Carter William Tarrance
Trial Docket:2012B-0207

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2015-01-23 Case Stored  
2015-01-16 Mandate issued  
  This case was waiting for a possible rehearing motion between November 21, 2014 and January 16, 2015.  
2014-11-21 Petition for Review granted under TRAP 59.1
2014-11-21 Petition for Review disposed Petition granted pursuant to TRAP 59.1
2014-11-21 Opinion issued   Court of Appeals' judgment reversed; cause remanded to trial court
2014-11-21 Court approved judgment sent to attorneys of record Issued
  This case was pending on merits briefs between April 4, 2014 and November 21, 2014.  
2014-04-04 Brief on the Merits (Respondent)  
2014-03-17 Brief on the Merits (Petitioner)  
2014-02-14 Brief on the Merits Requested  
2014-02-14 Record Requested in Petition for Review  
2014-02-14 Case Record Filed  
  This case was waiting for a decision about briefing or a possible grant between December 19, 2013 and February 14, 2014.  
2013-12-19 Response to Petition (Respondent)  
2013-11-22 Supreme Court of Texas Requested Response  
2013-10-22 Case forwarded to Court
2013-10-16 Response Waiver filed  
2013-10-10 Petition for Review (Petitioner)  

Parties

Party Counsel Role
Trinity Valley Community College
Ms. Leigh Campbell Porter
Respondent
Damuth, II, Billy Edward
Ms. Victoria Lee 'Tory' Ray
Mr. Richard L. Ray
Petitioner
 
 

Local governments can be sued over employment contracts

The Court applied its decision in THE CITY OF HOUSTON v. STEVE WILLIAMS, ET AL., No. 09-0770. There, the Court held that a group of former fighters could sue over their contract with the city. Here, the court of appeals held that the college (a local government entity) was immune from suit by an employee (a professor/coach).

The court of appeals suggested several distinctions with Williams. The Supreme Court rejected each in turn, concluding that the essence of the claim was a suit for services — which the court viewed as covered by the Local Government Code's waiver for contract claims.

...
...