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No. 14-0582
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OFFICE OF THE ATTORNEY GENERAL v. GINGER WEATHERSPOON

The Court requested full merits briefing on December 19, 2014. The Court issued an opinion resolving the case on September 18, 2015. File Closed

In the news...

Tracking 1 article about this case.

Opinion

September 18, 2015

Percuriam.246722

Per Curiam OpinionView Electronic Briefs | Oral Argument N/A | Video N/A PDF

 

Court of Appeals

Appellate District:5th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:05-13-00632-CV
Opinion Author:Honorable David W. Evans

Trial Court

Trial Court:68th District Court
County:Dallas
Trial Judge:Honorable Martin J. Hoffman
Trial Docket:DC09-06233

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2015-10-30 Mandate issued  
2015-09-18 Petition for Review disposed Petition granted pursuant to TRAP 59.1
2015-09-18 Opinion issued   Court of Appeals' judgment reversed and dismissed
2015-09-18 Petition for Review granted under TRAP 59.1
2015-09-18 Court approved judgment sent to attorneys of record Issued
  This case was pending on merits briefs between April 27, 2015 and September 18, 2015.  
2015-04-27 Reply Brief (Petitioner)  
2015-03-19 Motion for Extension of Time disposed.   Filing granted
2015-03-19 Motion for Extension of Time to File Brief filed  
2015-03-10 Brief on the Merits (Respondent)  
2015-02-19 Brief on the Merits (Petitioner)  
2015-01-12 Motion for Extension of Time disposed.   Filing granted
2015-01-12 Case Record Filed  
2015-01-09 Motion for Extension of Time to File Brief filed  
2014-12-23 Record Requested in Petition for Review  
2014-12-19 Brief on the Merits Requested  
2014-11-12 Reply to Response (Petitioner)  
2014-10-29 Phone call from Clerk's Office  
2014-10-28 Response to Petition (Respondent)  
2014-10-03 Supreme Court of Texas Requested Response  
2014-09-25 Letter Filed  
2014-09-23 Letter Filed  
2014-09-02 Case forwarded to Court
2014-07-28 Petition for Review (Petitioner)  

Parties

Party Counsel Role
Office of the Attorney General
Ms. Amanda Joy Cochran-McCall
Ms. Beth Ellen Klusmann
Mr. William T. Deane
Petitioner
Weatherspoon, Ginger
Mr. Steven B. Thorpe
Ms. Carla S. Hatcher
Respondent
 
 

Who is a proper law enforcement official under the Whistleblower Act?

employment

The Court again faced the question of whether a report that an employee makes internally within a government agency counts as a report to "law enforcement," and thus grants the employee protection from retaliation under the Texas Whistleblower Act.

This case was decided at the court of appeals level before the Court's decision in TEXAS DEPARTMENT OF HUMAN SERVICES v. OLIVER OKOLI, No. 10-0567. The Court concluded that the same holding should apply here, and that a report made to an official with merely internal oversight authority within the agency did not qualify. Instead, the report must be made to someone with the authority to enforce laws against the public.

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