The Texas Whistleblower Act
The Texas Whistleblower Act (Act) was adopted "amidst a growing sense throughout the country that 'mismanagement in the public sector'" was a growing public concern, and that "employees who disclose mismanagement deserve legal protection." Neighborhood Centers, Inc. v. Walker, 544 S.W.3d 744, 747 (Tex. 2018). The Whistleblower Act is aimed at "ferreting out government mismanagement to protect the public." Id. at 748.
On May 27, 2022, the Texas Supreme Court addressed the question of what is a good faith report of a violation of law under the Texas Whistleblower Act (the Act). See City of Fort Worth v. Pridgen, 'S.W.3d', 2022 WL (Tex. May 27, 2022) [20-0700] (Pridgen).
In Pridgen, two law enforcement officers with the Fort Worth Police Department sued the City of Fort Worth (City), alleging they were unlawfully disciplined for making a report regarding another officer's unlawful conduct in his arrest and treatment of others that was videoed and posted to social media outlets. The officers discussed the matter with the chief of police, opining that the officer in question committed certain crimes in the arrest incident and that criminal charges against that officer should be pursued. Later, other evidence of the incident in question was leaked from the police department, and the reporting officers were disciplined for allegedly participating in the leak of information.
The officers sued the City, claiming that they were retaliated against for making a good faith report under the Act. At the trial court level, the City moved for summary judgment based on immunity, and the trial court denied the motion, finding that the Act waived immunity for the claims asserted by the officers. The court of appeals affirmed that denial, holding that the officers, in good faith, reported a violation of law to the chief of police as required by the...
