SUE WALKER, Justice.
This is an interlocutory appeal by Appellant the City of Fort Worth from the trial court's order that granted in part and denied in part the City's plea to the jurisdiction. Based on allegedly discriminatory and unconstitutional employment practices, Appellee Cecilia Jacobs filed suit against the City asserting, in addition to other claims not at issue here, violations of her rights under the Texas constitution to due process, equal protection, and free speech. Although the trial court granted the City's plea to the jurisdiction to the extent that Jacobs sought money damages for the state constitutional violations, it denied the City's plea to the jurisdiction on Jacobs's state constitutional claims to the extent that Jacobs sought the remedy of reinstatement of employment for these alleged claims.
The Texas Supreme Court has explained that governmental entities do not possess immunity for violations of the Texas constitution because
City of Beaumont v. Bouillion, 896 S.W.2d 143, 148-49 (Tex.1995) (emphasis added); see also, e.g., City of Elsa v. M.A.L., 226 S.W.3d 390, 391-92 (Tex.2007) (recognizing that governmental entities may be sued for injunctive relief under the Texas constitution); City of Arlington v. Randall, 301 S.W.3d 896, 907 (Tex.App.-Fort Worth 2009, pet. denied) (recognizing that governmental entities may be sued for equitable relief under the Texas constitution); Univ. of Tex. Sys. v. Courtney, 946 S.W.2d 464, 469 (Tex.App.-Fort Worth 1997, writ denied) (op. on reh'g) (same); Harris County v. Going, 896 S.W.2d 305, 308-09 (Tex.App.-Houston [1st Dist.] 1995, writ denied) (same). The City repeatedly acknowledges in its appellate briefing that it is not immune from suits asserting state constitutional violations when the remedy sought is equitable relief. But the City argues that reinstatement is not an equitable remedy and that, therefore, it possesses immunity from Jacobs's claims for violations of the state constitution because she
Reinstatement is an equitable remedy per se. See City of Seagoville v. Lytle, 227 S.W.3d 401, 410, 414 (Tex.App.-Dallas 2007, no pet.) (recognizing that reinstatement is an equitable remedy per se and affirming denial of city's plea to the jurisdiction "with respect to the portion of Lytle's claims for declaratory, mandamus, and injunctive relief seeking ... reinstatement"); Haynes v. City of Beaumont, 35 S.W.3d 166, 174, 182 (Tex.App.-Texarkana 2000, no pet.) (remanding to trial court claim against city for violation of Texas constitution that sought reinstatement because it sought equitable relief); see also Andrade v. City of San Antonio, 143 F.Supp.2d 699, 721 (W.D.Tex.2001) ("Although the Texas Supreme Court held in City of Beaumont v. Bouillion that there is no implied right of action for monetary damages arising under the free speech provision of the Texas [c]onstitution, suits for equitable remedies (such as reinstatement) for constitutional right violations are not precluded."). Because reinstatement is an equitable remedy and because the City is not immune from suits asserting state constitutional violations when the remedy sought is equitable relief, the City is not immune from Jacobs's suit asserting state constitutional violations and seeking the remedy of reinstatement. See City of Seagoville, 227 S.W.3d at 410 ("We conclude the portion of Lytle's declaratory judgment action that seeks withdrawal of the disciplinary action and reinstatement to his original position and pay grade does not seek an award of money damages and is not barred by governmental immunity."); accord City of Elsa, 226 S.W.3d at 391-92 (recognizing governmental entity is not immune from suit for violation of provisions of Texas constitution that seeks equitable remedy); Bouillion, 896 S.W.2d at 147-49 (same).
The City argues that "reinstatement exceeds the scope of an appropriate constitutional remedy" and that, therefore, "an order of reinstatement is not within the trial court's jurisdiction." The City points out that the Texas Supreme Court has never addressed whether the remedy of reinstatement is available for an alleged constitutional violation. See City of Midland v. O'Bryant, 18 S.W.3d 209, 218 (Tex. 2000) (explaining that "[w]hether reinstatement can be a remedy for violations of the Texas [c]onstitution is not before this Court, and accordingly, we express no view on that question"). The City urges us to "hold that reinstatement is not an appropriate constitutional remedy." The City's prayer concludes that its "immunity
But whether the specific equitable remedy of reinstatement — as opposed to other equitable remedies — exists for a constitutional violation does not change the fact that the City is not immune from suits seeking equitable relief for the alleged violations of the Texas constitution.
Likewise, the fact that the Texas Supreme Court has not decided whether the equitable remedy of reinstatement is or is not available for the state constitutional violations pleaded by Jacobs does not deprive the trial court of jurisdiction over her claims. A Texas district court is a court of general jurisdiction; our constitution provides that the jurisdiction of a district court "consists of exclusive, appellate, and original jurisdiction of all actions, proceedings, and remedies, except in cases where exclusive, appellate, or original jurisdiction may be conferred by this Constitution or other law on some other court, tribunal or administrative body." Tex. Const. art. V, § 8. By statute, district courts have "the jurisdiction provided by Article V, Section 8, of the Texas Constitution" and "may hear and determine any cause that is cognizable by courts of law or equity and may grant any relief that could be granted by either courts of law or equity." Tex. Gov't Code Ann. §§ 24.007.008 (West 2004 & Supp.2012); see generally Dubai Petroleum Co. v. Kazi, 12 S.W.3d 71, 74 (Tex.2000). The district court here clearly possesses jurisdiction to sign an order or judgment requiring Jacobs's reinstatement. Accord Texas A & M Univ. Sys. v. Luxemburg, 93 S.W.3d 410, 426 & n. 6 (Tex.App.-Houston [14th Dist.] 2002, pet. denied) (op. on reh'g) (noting that trial court in fact ordered reinstatement as remedy for state constitutional violation although neither party complained that it was not a proper remedy). The issue of whether or not the trial court would err by ordering reinstatement as a remedy for a state constitutional violation is not before us. Faced with the City's ground alleged in its brief on appeal that the trial court lacks jurisdiction over Jacobs's claims, because "the [Texas] Supreme Court has not authorized reinstatement as a remedy for a constitutional violation," we hold only that the trial court possesses jurisdiction over Jacobs's claims for state constitutional violations that seek the equitable remedy of reinstatement.
Because reinstatement is an equitable remedy, because the City is not immune
In Randall, the plaintiff sought injunctive relief in the form of a trial court order imposing a duty on the city to redeem his reputation. Id. We held in Randall that the City was immune from a claim for injunctive relief that in fact did not seek injunctive relief — that is, did not seek to halt wrongful acts threatened in the future — but instead sought imposition of a duty based on a past alleged actionable wrong. Id. Here, we are not dealing with a request for injunctive relief in the form of a trial court order redeeming Jacobs's reputation; we are not dealing with injunctive relief at all. The relief requested here is for reinstatement.