City of Hous. v. Proler

• Decision Date: 08 August 2012
• Docket Number: No. 14–10–00971–CV.,14–10–00971–CV.
• Citation: 373 S.W.3d 748,26 A.D. Cases 1005
• Parties: CITY OF HOUSTON, Appellant, v. Shayn A. PROLER, Appellee.
• Court: Texas Court of Appeals

373 S.W.3d 748

26 A.D. Cases 1005

CITY OF HOUSTON, Appellant,

v.Shayn A. PROLER, Appellee.

No. 14–10–00971–CV.

Court of Appeals of Texas,

Houston (14th Dist.).

May 31, 2012.

Rehearing and En Banc Overruled Aug. 8, 2012.

Timothy J. Higley, Houston, for appellant.

David T. Lopez, Houston, for appellee.

Panel consists of Justices FROST, SEYMORE, and JAMISON.

MAJORITY OPINION

CHARLES W. SEYMORE, Justice.

The City of Houston appealed to a district court an independent hearing examiner's award in favor of Shayn A. Proler. Proler filed a counterclaim against the City under the Americans with Disabilities Act (“ADA”) and the Texas Commission on Human Rights Act (“TCHRA”). The trial court dismissed for want of jurisdiction the City's claims and rendered judgment in favor of Proler, awarding him injunctive relief and attorney's fees.

On appeal, the City presents five issues: (1) the evidence is legally and factually insufficient to support the jury's finding that the City engaged in employment discrimination; (2) the trial court erred by refusing the City's proffered jury instructions; (3) the trial court erred by awarding Proler attorney's fees; (4) the trial court erred by granting Proler injunctive relief; and (5) the trial court erred by dismissing for want of jurisdiction the City's petition. We affirm in part and reverse and remand in part.

I. Background

In the early 1990s, Proler joined the Houston Fire Department (“HFD”). During 2002, he was promoted to captain and worked at a fire-suppression station where he supervised multiple firefighters.¹ In 2004, Executive Assistant Chief Hector Trevino received a letter in which allegations were made that Proler was “scared to go into fires,” leaving his crew to suppress fires unsupervised. Chief Trevino transferred Proler to an HFD training academy. Proler had various administrative responsibilities at the academy but was not involved in fire suppression. According to Proler, members of HFD consider the transfer of a non-injured firefighter to the academy as a disciplinary action.

Proler remained stationed at the academy for more than a year. During this time, HFD denied Proler's requests for transfer to a suppression unit. Eventually, Chief Trevino agreed to transfer Proler if Proler could find a senior captain who would allow Proler to join his suppression unit and evaluate Proler for several months. Proler met with District Chief John C. Seamans and Senior Captain Roosevelt Johnson to discuss Proler's joining suppression station 59. Proler assured Chief Seamans and Captain Johnson that Proler's reputation for fear of firefighting was unfounded. Captain Johnson permitted Proler to join station 59.

During Proler's tenure at station 59, Captain Johnson completed three written evaluations regarding Proler. In each evaluation, Captain Johnson gave Proler an overall rating of “effective” or “strong.” However, during the same time, several unnamed firefighters made “off the record” complaints to Chief Seamans, alleging Proler was “either afraid of firefighting or that his ‘head goes out on him’ when faced with severe fire conditions.” Chief Seamans did not take action based on these complaints but decided to continue evaluating Proler's performance.

On March 26, 2006, station 59 and other units responded to a building fire. At the scene of the fire, Captain Johnson gave Proler several orders, including an order to protect an adjacent building. Proler failed to complete any of his assignments. Proler also did not comply with Captain Johnson's repeated orders to wear his uniform properly. At one point, Captain Johnson found Proler standing in a smoke-filled room. Proler was extracted and received medical attention. Medics determined Proler's blood pressure was low. Johnson and others suggested that Proler seek treatment at a hospital, but Proler refused. Eventually, Proler was ordered to seek treatment. Proler was diagnosed as having suffered an episode of global transient amnesia.

After the March 2006 fire, Captain Johnson sent a letter to Chief Seamans, expressing concerns regarding Proler's behavior during the incident. In turn, Chief Seamans sent a letter to Fire Chief Phil Boriskie and Chief Trevino elaborating on these concerns. In light of these letters, Chief Trevino transferred Proler to the academy. Thereafter, Proler requested a transfer to a fire suppression unit, which Chief Trevino denied.

Proler challenged the transfer denial through the administrative grievance process.² After his step II grievance was unsuccessful, Proler appealed to an independent hearing examiner.³ During May 2007, the hearing examiner signed an order, directing HFD to transfer Proler to a suppression station and pay him certain lost compensation. Pursuant to the hearing examiner's award, the City transferred Proler to a suppression unit and paid him lost compensation.

The City appealed the hearing examiner's award to a district court, asserting that the court had jurisdiction under the Local Government Code and the DeclaratoryJudgments Act.⁴ In his counterclaim under the ADA and TCHRA, Proler alleged that the City discriminated against him based on perceived disability. Proler filed a plea to the jurisdiction, arguing that the trial court lacked jurisdiction over the City's appeal. The trial court granted the plea and dismissed the City's claims for want of jurisdiction.

Following trial on Proler's claim, the jury found that the City discriminated against Proler based on perceived disability. However, the jury awarded no damages. The trial court rendered judgment on the jury's verdict but also awarded Proler injunctive relief and attorney's fees.

II. Legal and Factual Sufficiency

In its first issue, the City contends the trial court erred by denying the City's motion for directed verdict or motion for judgment notwithstanding the verdict because the evidence is legally insufficient to support a finding that Proler was “disabled” as defined under the TCHRA and ADA. Appellant also challenges factual sufficiency of the evidence.

A. Standard of Review

We review a trial court's ruling on a motion for directed verdict or a motion for judgment notwithstanding the verdict under a legal-sufficiency standard. City of Keller v. Wilson, 168 S.W.3d 802, 823–24 (Tex.2005);Envtl. Procedures, Inc. v. Guidry, 282 S.W.3d 602, 626 (Tex.App.-Houston [14th Dist.] 2009, pet. denied). A legal-sufficiency point must be sustained when (1) there is a complete absence of evidence regarding a vital fact, (2) rules of law or evidence preclude according weight to the only evidence offered to prove a vital fact, (3) the evidence offered to prove a vital fact is no more than a scintilla, or (4) the evidence conclusively establishes the opposite of the vital fact. Keller, 168 S.W.3d at 810. Under the legal-sufficiency standard, we must credit evidence that supports the judgment if reasonable jurors could and disregard contrary evidence unless reasonable jurors could not. Id. at 827. If the evidence falls within the zone of reasonable disagreement, we may not invade the fact-finding role of the jurors, who alone determine the credibility of witnesses, weight to give their testimony, and whether to accept or reject all or any part of that testimony. Id. at 822;Hartland v. Progressive Cnty. Mut. Ins. Co., 290 S.W.3d 318, 321–22 (Tex.App.-Houston [14th Dist.] 2009, no pet.). We must determine whether the evidence would allow reasonable and fair-minded persons to reach the verdict under review. Keller, 168 S.W.3d at 827.

When reviewing a challenge to factual sufficiency of the evidence, we examine the entire record, considering both the evidence in favor of, and contrary to, the challenged finding. Cain v. Bain, 709 S.W.2d 175, 176 (Tex.1986) (per curiam). After considering and weighing all the evidence, we set aside the fact finding only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Id. The trier of fact is the sole judge of the credibility of the witnesses and the weight to be given to their testimony. Garza v. Slaughter, 331 S.W.3d 43, 45 (Tex.App.-Houston [14th Dist.] 2010, no pet.). The amount of evidence necessary to affirm a judgment is far less than that necessary to reverse a judgment. GTE Mobilnet of S. Tex. v. Pascouet, 61 S.W.3d 599, 616 (Tex.App.-Houston [14th Dist.] 2001, pet. denied).

B. Analysis

In the jury charge, the trial court submitted the following question and instructions regarding the alleged unlawful employment practice, which mostly track the Texas Pattern Jury Charge ⁵:

Was disability (as defined below) a motivating factor (as defined below) in the [City's] decision to transfer [Proler] to the training academy of [HFD] from March 28, 2006 until May 25, 2007?

A “motivating factor” in an employment decision is a reason for making the decision at the time it was made. There may be more than one motivating factor for an employment decision.

“Disability” means being regarded as having a mental or physical impairment that substantially limits at least one major life activity.

The term “mental or physical impairment” means any physiological disorder, condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory (including speech organs); cardiovascular; reproductive; digestive; genitourinary; hemic; lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

“Major life activities” means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, thinking ⁶ or working.

“Substantially limits” (as applied to “major life activities” other than “working”) means that an individual is unable to perform a major life activity that the average person in...