RANDY CRANE, District Judge.
Now before the Court is the Motion for Summary Judgment filed by Defendants Starr County, Texas ("the County") and Victor Canales, Jr., sued in his individual and official capacities. (Dkt. No. 20). On August 17, 2012, Plaintiff Hilda Gonzalez Garza filed this suit challenging Defendants' termination of her employment as an Assistant County Attorney. (Dkt. No. 1). Plaintiff's Complaint alleges that on July 18, 2012, after County Attorney Canales discovered Plaintiff's interest in running for a position on the Rio Grande City School Board, Canales warned Plaintiff that she would be running against members of his political "grupo," or team, and asked her to "think about it." Id. at § 2. On July 20, Plaintiff visited "local county elected officials" to advise them that she would be running for the School Board, and to seek their support. Id. That afternoon, Plaintiff received a letter that her employment had been terminated. Id. Plaintiff brings various causes of action against both Defendants under 42 U.S.C. § 1983 and the Texas Constitution, alleging that Defendants terminated her employment in retaliation for Plaintiff's exercise of her federal and state constitutional rights to freedom of speech and association, and in violation of her right to due process. Id. at §§ 3, 4. Plaintiff also asserts claims against Defendants pursuant to 42 U.S.C. §§ 1983 and 1985(3) on the grounds that they conspired with others to violate her federal constitutional rights. Id. at §§ 3, 5.
Defendants now move for summary judgment on all of Plaintiff's claims. (Dkt. No. 20). Upon consideration of Defendants' Motion, Plaintiff's response (Dkt. No. 24), and the summary judgment evidence, in light of the relevant law, the Court finds that the Motion must be granted in part and denied in part for the following reasons.
A district court must grant summary judgment when there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. FED. R. CIV. P. 56(a). A fact is material if it might affect the outcome of the lawsuit under the governing law, and is genuinely in dispute only if a reasonable jury could return a verdict for the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A party moving for summary judgment has the initial responsibility of informing the court of the basis for its motion and identifying those portions of the pleadings and materials in the record, if any, which it believes demonstrate the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986); FED. R. CIV. P. 56(a), (c). Once the moving party carries its burden, the burden shifts to the nonmovant to go beyond the pleadings and provide specific facts showing the existence of a genuine issue for trial. Celotex, 477 U.S. at 324; FED. R. CIV. P. 56(c). In conducting its review of the summary judgment record, the court "may not make credibility determinations or weigh the evidence" and must resolve doubts and reasonable inferences regarding the facts in favor of the nonmoving party. Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150 (2000); Anderson, 477 U.S. at 255; Dean v. City of Shreveport, 438 F.3d 448, 454 (5
The summary judgment record consists of copies of Plaintiff's deposition transcript, Plaintiff's and Defendant Canales's respective affidavits, Plaintiff's termination letter and her ensuing letter to Canales, an article in The Monitor newspaper regarding this case, and the Defendant County's Personnel Policy Manual. (Dkt. No. 20 at Exs. A-C; Dkt. No. 24 at Attachments 1-3).
Through her deposition and affidavit,
On July 17, 2012, Plaintiff called the Rio Grande City School District office for information about the approaching School Board election and learned that four members of the Board would be up for re-election. (Dkt. No. 20-3, Ex. A at pp. 34-36, 44; Dkt. No. 24-1 at ¶¶ 5-6). Plaintiff also learned that the first day to file for the election was that coming Saturday, July 21, but since the office would be closed on that day she would need to file on Monday. (Dkt. No. 20-3, Ex. A at pp. 36, 52; Dkt. No. 24-1 at ¶ 6).
On July 18, Canales called Plaintiff into his office to tell her that he had received some phone calls about Plaintiff wanting to run for a School Board position. (Dkt. No. 20-3, Ex. A at pp. 37, 43; Dkt. No. 24-1 at ¶ 7). Canales asked Plaintiff if she in fact intended to run. (Dkt. No. 20-3, Ex. A at p. 43). Plaintiff told him that she did, and that she wanted to run because her two children attended school in the District and she felt that she could contribute to the Board. (Dkt. No. 20-3, Ex. A at pp. 45-46; Dkt. No. 24-1 at ¶ 7). Canales told Plaintiff that she had "created a panic" and asked if she understood that she "was being seen as a contra...running against [Canales's] team or his group." (Dkt. No. 20-3, Ex. A at p. 45; Dkt. No. 24-1 at ¶¶ 7-9). Canales's "team" included the incumbents for the four open positions. (Dkt. No. 20-3, Ex. A at p. 53). Plaintiff responded that she was not going to run against Canales's team or under any "slate"; rather, she "just wanted to run for [herself]" and give voters a choice in the election. (Dkt. No. 20-3, Ex. A at pp. 45, 52-54; Dkt. No. 24-1 at ¶¶ 8-9). According to Plaintiff, she also told Canales that she was not going to leave any political or campaign materials in his office or "disrespect him in any way, shape or form." (Dkt. No. 20-3, Ex. A at p. 55). Canales did not mention any concerns with Plaintiff's work performance during this meeting. Id. at p. 108.
On July 20, Plaintiff visited "local county elected officials" to advise them that she would file her election paperwork on Monday, and to seek their support. (Dkt. No. 24-1 at ¶ 11). That afternoon, she received a letter from Canales that her employment had been terminated. (Dkt. No. 20-3, Ex. A at pp. 61, 104; Dkt. No. 24-1 at ¶ 11; Dkt. No. 24-2). The letter did not state a reason for her termination. See (Dkt. No. 24-2). In a letter to Canales dated July 25, Plaintiff recounted their conversation about the School Board election and requested that Canales give her an explanation for why she had been fired. (Dkt. No. 20-3, Ex. A at pp. 62, 104-05; Dkt. No. 24-1 at ¶ 12; Dkt. No. 24-2). Plaintiff did not receive a response. (Dkt. No. 20-3, Ex. A at pp. 62, 105; Dkt. No. 24-1 at ¶ 12). Not long after, Plaintiff obtained a copy of her personnel file and claims that it contains no indication of any work performance issues or misconduct. (Dkt. No. 20-3, Ex. A at pp. 106-07; Dkt. No. 24-1 at ¶ 12).
Plaintiff admits that she was not prohibited from running and, in fact, ran for a position on the School Board. (Dkt. No. 20-3, Ex. A at pp. 66-67). During the campaign, on September 23, 2012, an article appeared in The Monitor newspaper describing Plaintiff's allegations in this lawsuit. (Dkt. No. 24-3). The article also represented that Canales had "said [that Plaintiff's] termination was because of poor performance and recent complaints he'd received about her and not politics." Id. According to Plaintiff, this was the first and only explanation she received for why she had been fired. (Dkt. No. 20-3, Ex. A at p. 106; Dkt. No. 24-1 at ¶ 12).
Canales's brief affidavit, dated May 31, 2013, states that he was disappointed in Plaintiff's work performance and that he "had intended to terminate her employment prior to her announcing her decision to run for a school board position." (Dkt. No. 24-5, Ex. C). According to Canales, Plaintiff's decision to run "had nothing to do with [his] decision to terminate her." Id.
To prevail on a claim for damages under § 1983, a plaintiff must show (1) a violation of a right secured by the U.S. Constitution and (2) that the deprivation of that right was committed by a person acting under color of state law. See, e.g., James v. Texas Collin Cnty., 535 F.3d 365, 373 (5
For the following reasons, the Court finds that the record contains evidence to raise genuine issues of material fact on Plaintiff's First Amendment retaliation claims against Defendant Canales in his individual capacity. As to Plaintiff's remaining, due process-based claims and her claims against the County, summary judgment must be granted.
Of Plaintiff's seven § 1983 claims, three allege retaliation based on Plaintiff's exercise of her rights to freedom of speech and association under the First and Fourteenth Amendments to the U.S. Constitution. (Dkt. No. 1 at § 3(a)-(c)).
"In order for a public employee to prevail on a First Amendment retaliation claim, she must prove that (1) she suffered an adverse employment decision; (2) she was engaged in protected activity; and (3) the requisite causal relationship between the two exists." Jordan v. Ector Cnty., 516 F.3d 290, 295 (5
The final, "causation" prong of Plaintiff's First Amendment retaliation claims requires the Court to consider whether the record contains evidence that (1) the protected conduct was a substantial or motivating factor in Defendants' decision to terminate her employment and (2) if so, whether Defendants would have terminated her regardless of the protected conduct. Id. at 301 (citing Mt. Healthy Bd. of Educ. v. Doyle, 429 U.S. 274 (1977)). Although Defendants take the position that Plaintiff has only "timing" allegations that Canales fired her for exercising her First Amendment rights, the record contains more than Plaintiff's expressed intent to run for office and a termination of her employment shortly thereafter. For one, Plaintiff communicated her intent to the very individual responsible for firing her, and who allegedly perceived her impending candidacy as an expression of opposition to his political group. Further, the fact that Canales gave no reason to Plaintiff for her termination, when considered against Plaintiff's testimony that her alleged deficient work performance was neither addressed in her July 18 conversation with Canales or in her personnel file, constitutes additional evidence that her expressed desire to run for office served as a substantial or motivating factor in the decision to terminate her. Canales's statements in a recently-filed affidavit that he was disappointed in Plaintiff's work performance, and that he would have fired her regardless of her decision to run for office, merely raise fact questions on the issue of causation. In sum, the Court finds sufficient evidence in the record that the requisite causal relationship exists between Plaintiff's protected conduct and her termination. Therefore, the Court must deny Defendants' request for summary judgment on Plaintiff's First Amendment retaliation claims.
Apart from her conspiracy claim under § 1983, discussed infra, Plaintiff's remaining § 1983 claims are that Defendants deprived her of (1) her right to free speech and due process under the First and Fourteenth Amendments "by refusing to provide Plaintiff with an opportunity to speak freely and completely on matters of public concern in accordance with applicable policies and procedures"; (2) her First and Fourteenth Amendment rights "by not providing her with legal process to support her work performance"; and (3) her "right pursuant to the employer's written policies and procedures." (Dkt. No. 1 at § 3(d), (f), (g)). To the extent that the initial claim represents an attempt to assert First Amendment violations apart from Defendants' alleged retaliatory termination of Plaintiff's employment, summary judgment is appropriate because Plaintiff admits that Defendants did not prohibit her from making any speech or from running for office. (Dkt. No. 20-3, Ex. A at pp. 66-67). This claim also references the due process clause of the Fourteenth Amendment, which "has been viewed as guaranteeing procedural due process and substantive due process." E.g., John Corp. v. City of Houston, 214 F.3d 573, 577 (5
Plaintiff appears to allege that Defendants deprived her of due process, i.e., "legal process to support her work performance," i.e., her "right pursuant to the employer's written policies and procedures," by failing to give her a non-"pretextual" reason for her termination. See (Dkt. No. 20-3, Ex. A at pp. 73-78; Dkt. No. 24 at pp. 9-10). However, the Defendant County's Personnel Policy Manual constitutes unrefuted evidence that Plaintiff was an at-will employee who could be fired "for any legal reason, or no reason, at any time either with or without notice." (Dkt. No. 20-4, Ex. B at 1.01) (emphasis added).
With respect to Plaintiff's § 1983 claims that survive summary judgment, the Court must address Defendants' alternative argument that Plaintiff cannot meet the "official policy" requirement of her claims against the Defendant County. (Dkt. No. 20). A municipality or local governmental entity, such as the County, may be held liable under § 1983 only for acts for which it is actually responsible and not solely because it employs a tortfeasor. E.g., Doe v. Dallas Indep. Sch. Dist., 153 F.3d 211, 215 (5
Plaintiff asserts causes of action under the Texas Constitution on the following three bases: (1) Defendants deprived Plaintiff of her right to free speech under Article I, § 8 of the Texas Constitution "by basing their employment decisions...on Plaintiff['s] exercise of free speech on matters of public concern, political candidacy, political supports of candidates, and political associations"; (2) Defendants deprived Plaintiff of her right to freedom of association under Article I, § 8 "by basing their employment decisions...on Plaintiff's exercise of her right to freely associate and/or disassociate with groups, public figures, political candidates, and others"; and (3) Defendants deprived Plaintiff of her rights to free speech and due process under Article I, § 19 "by refusing to provide Plaintiff with an opportunity to speak freely and completely on matters of public concern in accordance with applicable policies and procedures." (Dkt. No. 1 at § 4). As Defendants note, Texas has no equivalent to § 1983, and the Texas Supreme Court has found no implied private right of action for damages against governmental entities for violations of the Texas Constitution. City of Beaumont v. Bouillion, 896 S.W.2d 143, 147-49 (Tex. 1995); accord City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007). Still, "suits for equitable remedies for violation of constitutional rights are not prohibited." Bouillion, 896 S.W.2d 142, 149 (Tex. 1995); see also City of Elsa, 226 S.W.3d at 392. Defendants argue that Plaintiff seeks only monetary damages, and therefore move for summary judgment, whereas Plaintiff responds that she seeks only equitable relief to redress Defendants' alleged state constitutional violations. (Dkt. Nos. 20, 24). As Plaintiff requests equitable relief in the section of her pleading setting forth her claims under the Texas Constitution, the Court will not enter summary judgment on the grounds raised in Defendants' Motion. See (Dkt. No. 1 at § 4).
Finally, the Court turns to Plaintiff's claim brought pursuant to § 1983 that "Defendants conspired with others to deprive Plaintiff of her rights under the First and Fourteenth Amendments," and to her claim under § 1985(3) that Defendants conspired to deprive of her of her "civil and constitutional rights and privileges under the equal protection of the laws by taking actions in furtherance of their attempts to deprive and infringe upon Plaintiff's individual and respective rights to free speech, freedom of association, and right to privacy." (Dkt. No. 1 at §§ 3(e), 5). Plaintiff's response appears to abandon her § 1985(3) theory of recovery and instead characterizes her conspiracy claim as brought pursuant to § 1983. See (Dkt. No. 24). However, the case law she cites does not identify § 1983 as the means through which a plaintiff may assert a conspiracy claim; rather, it addresses the significance of a private actor's conspiracy with a public actor in determining whether that private party acts under color of state law for purposes of § 1983. (Dkt. No. 24); see Sigmon v. CommunityCare HMO, Inc., 234 F.3d 1121, 1126-27 (10
For the foregoing reasons, the Court hereby
The Motion is
The Motion is
The Motion is
SO ORDERED.