City of Seagoville v. Lytle

• Decision Date: 13 June 2007
• Docket Number: No. 05-06-01016-CV.,05-06-01016-CV.
• Citation: 227 S.W.3d 401
• Parties: CITY OF SEAGOVILLE and Kimberly Bustos, Appellants v. David LYTLE, Appellee.
• Court: Texas Court of Appeals

227 S.W.3d 401

CITY OF SEAGOVILLE and Kimberly Bustos, Appellants v. David LYTLE, Appellee.

No. 05-06-01016-CV.

Court of Appeals of Texas, Dallas.

June 13, 2007.

Robert E. Hager, Karen S. Nelson, Peter G. Smith, Nichols Jackson Dillard Hager & Smith, L.L.P., Dallas, TX, for Appellant.

John Weddle, Law Offices of John Weddle, Garland, TX, for Appellee.

Before Justices MORRIS, LANG, and LANG-MIERS.

OPINION

Opinion by Justice LANG.

In this interlocutory appeal, the City of Seagoville and Kimberly Bustos appeal the trial court's orders denying their plea to the jurisdiction and motions for summary judgment.

Seagoville raises three issues, arguing the trial court erred when it denied its plea to the jurisdiction because: (1) it is immune from suit; (2) Lytle's claims were moot; and (3) Lytle lacked standing. Bustos raises two issues on appeal, arguing the trial court erred when it: (1) denied her plea to the jurisdiction and motion for summary judgment because Lytle's claims were quasi-judicial and absolute immunity attaches; and (2) refused to grant her motion for summary judgment because she is immune from liability.

We conclude the trial court erred when it denied Seagoville's plea to the jurisdiction with respect to Lytle's claims for back pay and claims for unspecified, back benefits, to the extent the claims for the unspecified, back benefits seek a money judgment, because those claims are barred by governmental immunity. Also, we conclude the trial court erred when it denied Bustos's motion for traditional summary judgment because she has official immunity. The trial court's orders are reversed and rendered, in part, and affirmed, in part.

I. FACTUAL AND PROCEDURAL BACKGROUND

Captain Lytle and Sergeant Bustos were both employed by the City of Seagoville Police Department. On July 3, 2003, Sgt. Bustos filed a complaint against Capt. Lytle alleging violations of the City of Seagoville's policy and procedures manual. Specifically, Sgt. Bustos claimed Capt. Lytle violated policy number 517 by transmitting "offensive and sometimes pornographic images" by email and policy number 703, which prohibits sexual and other unlawful harassment. See Seagoville, Tex., Policy and Procedures Manual nos. 517, 703 (eff. May 1, 2003).¹

The Seagoville Chief of Police, I.D. Smith, requested the Assistant Chief of Police for the Hutchins Police Department, David Landers, to conduct an internal affairs investigation. In his investigation report, Asst. Chief Landers noted: (1) he discussed with Capt. Lytle the fact that, although he identified the allegation as "sexual harassment" in a document relating to the investigation, it was a typographical error and the allegation was "harassing conduct"; and (2) Capt. Lytle stated he had not received a copy of Sgt. Bustos's complaint and Asst. Chief Landers responded he would like Lytle to just talk and give his side of the story. Asst. Chief Landers concluded Capt. Lytle sent inappropriate emails. Also, he concluded Sgt. Bustos and Capt. Lytle "had a friendship in the past that was beyond work, [Sgt. Bustos] now doesn't want to continue that type of friendship but may not have communicated it to [Capt. Lytle] in a way that he understood." Asst. Chief Landers recommended that Capt. Lytle: (1) receive a formal written reprimand placed in his personnel file; (2) continue working, but not as Sgt. Bustos's immediate supervisor; (3) no longer work in the same office area as Sgt. Bustos; and (4) write a formal apology to Sgt. Bustos.

On September 11, 2003, Chief Smith sent Capt. Lytle a letter advising him the department was sustaining both the misuse of the internet and "harassing conduct" charges against him. Also, the letter advised Capt. Lytle of an additional charge against him for violating policy number 516. See Seagoville, Tex., Policy and Procedures Manual no. 516.² Further, Chief Smith's letter requested a response from Capt. Lytle. On September 14, 2003, after reviewing Capt. Lytle's response, Chief Smith sent a second letter informing Capt. Lytle that his employment with the Seagoville Police Department was terminated because his conduct violated the policies prohibiting "sexual harassment" and improper use of the internet and email. See SEAGOVILLE, TEX., Charter art. VIII, § 4 (1991) (city manager may appoint head of department to remove employees); SEAGOVILLE, TEX., CODE OF ORDINANCES ch. 16, art. I, § 16-3 (1973) (police officer subject to dismissal for misconduct in office). Lytle appealed his termination to the Interim City Manager, Denny Wheat. See SEAGOVILLE, TEX., Charter art. VIII, § 4 (1991) (if employed for at least one year then, on request, terminated employee has right to hearing before city manager). After hearing the appeal, Wheat concluded the charges against Lytle for violating the internet usage policy were not conclusively demonstrated. However, Wheat found that Lytle violated the "sexual harassment policy." As a result, Wheat upheld the decision of Chief Smith to terminate Lytle.

On February 4, 2004, Lytle sued Seagoville, Sgt. Bustos, and Wheat as well as members of the Seagoville City Council, including Sid Sexton, Malcolm Thomas, John Cunningham, and James Suddeth. On February 23, 2004, the defendants filed their plea to the jurisdiction, general denial, verified denials, and affirmative defenses, including governmental immunity and official immunity.

On August 25, 2005, Lytle filed his second amended petition. In that petition, Lytle sued Sgt. Bustos for intentional infliction of emotional distress, libel, and slander, and sought damages, exemplary damages, and attorneys' fees. Also, Lytle brought claims for declaratory, mandamus or injunctive relief based on his allegations that: (1) Seagoville violated sections 614.022 and 614.023 of the Texas Government Code;³ and (2) Seagoville, Wheat, Sexton, Thomas, Cunningham, and Suddeth violated article VIII, section 4 of the Seagoville City Charter.⁴ For these claims, Lytle requested the trial court to require Seagoville to withdraw its disciplinary action, reinstate him to his original position and pay grade, and restore his back pay and benefits. On September 17, 2005, the trial court granted partial summary judgment dismissing Lytle's claims against Wheat, Sexton, Thomas, Cunningham, and Suddeth. However, it permitted Lytle to pursue his government code and city charter claims against Seagoville.

On June 20, 2006, Seagoville and Sgt. Bustos filed a plea to the jurisdiction and motion for traditional summary judgment on the basis of immunity, and a motion for no-evidence summary judgment. On July 18, 2006, the trial court denied the plea to the jurisdiction and the motions for traditional and no-evidence summary judgment.

II. CITY OF SEAGOVILLE'S IMMUNITY FROM SUIT

In the first issue, Seagoville argues the trial court erred when it denied Seagoville's plea to the jurisdiction because it is immune from suit. Seagoville argues that Lytle's claims are barred by governmental immunity from suit because: (1) Lytle's petition states he is suing Seagoville pursuant to common law; (2) his claims are an attempt to sue for money damages; and (3) Lytle's petition has not cited to any legislative waiver of immunity. Lytle responds that any money awarded on his claims would be the result of his reinstatement, rather than money damages.

A. Standard of Review

Whether a trial court has subject matter jurisdiction is a matter of law. See Tex. Dep't of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 226 (Tex.2004); Tex. Natural Res. Conservation Comm'n v. IT-Davy, 74 S.W.3d 849, 855 (Tex.2002). Accordingly, an appellate court reviews a challenge to the trial court's subject matter jurisdiction de novo. See Miranda, 133 S.W.3d at 228; It-Davy, 74 S.W.3d at 855. In performing this review, an appellate court does not look to the merits of the case, but considers only the pleadings and evidence relevant to the jurisdictional inquiry. See Miranda, 133 S.W.3d at 227; County of Cameron v. Brown, 80 S.W.3d 549, 555 (Tex.2002).

B. Applicable Law

A plea to the jurisdiction is a dilatory plea. See Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 554 (Tex.2000). Its purpose is "to defeat a cause of action without regard to whether the claims asserted have merit." Bland, 34 S.W.3d at 554. A plea to the jurisdiction contests a trial court's subject matter jurisdiction. Tex. Dep't of Transp. v. Jones, 8 S.W.3d 636, 638 (Tex.1999). The purpose of the plea is not to force the plaintiff to preview their case on the merits, but to establish a reason why the merits of the plaintiff's claims should never be reached. See Brown, 80 S.W.3d at 555; Bland, 34 S.W.3d at 554.

When a plea to the jurisdiction challenges the pleadings, the trial court must construe the pleadings liberally in favor of the pleader. Miranda, 133 S.W.3d at 226. If the pleadings do not allege facts sufficient to affirmatively demonstrate jurisdiction, but the pleading defects are curable by amendment, the issue is one of pleading sufficiency and the pleader should be afforded an opportunity to amend. Id. at 226-27. However, when a plea to the jurisdiction challenges the existence of jurisdictional facts, the trial court must consider the relevant evidence submitted by the parties when necessary to resolve the jurisdictional issue. Id. at 227. If the evidence creates a fact question regarding the jurisdictional issue, the trial court must deny the plea to the jurisdiction and submit the issue to the factfinder. Id. at 227-28. Conversely, if the evidence is undisputed or fails to raise a fact issue, the trial court should rule on the plea to the jurisdiction as a matter of law. Id. at 228. This standard generally mirrors that of a summary judgment. Id.

Governmental immunity deprives a trial court of subject matter jurisdiction and is properly asserted in a plea to the jurisdiction. Id. at 225-26. Governmental immunity protects political subdivisions of the State,...