Davila v. Flores

6 S.W.3d 788, 15 I.E.R. Cas. (BNA) 1437, 1999 Tex. App. LEXIS 9068, 1999 WL 1102689
CourtCourt of Appeals of Texas
DecidedDecember 2, 1999
DocketNo. 13-99-282-CV
StatusPublished
Cited by4 cases

This text of 6 S.W.3d 788 (Davila v. Flores) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davila v. Flores, 6 S.W.3d 788, 15 I.E.R. Cas. (BNA) 1437, 1999 Tex. App. LEXIS 9068, 1999 WL 1102689 (Tex. Ct. App. 1999).

Opinion

[790]*790OPINION

ROBERT J. SEERDEN, Chief Justice.

This is an interlocutory appeal by Doris Davila and Allen Steen from the trial court’s denial of their motion for summary judgment based on official immunity. We reverse and render judgment that Flores take nothing.

Eric Flores was an employee of the Texas Youth Commission, serving as a youth supervisor under the direction and supervision of Davila and Steen, when he was accused by a co-worker of abusing one of the youths under his supervision by refusing to feed him and by urinating in his drink. Davila and Steen investigated the accusation and eventually notified Flores of their intent to terminate his employment as a result of the alleged abuse. Flores successfully fought termination and was ordered reinstated by the Commission. Flores alleges that Davila and Steen changed his work hours and duties in retaliation for. his efforts to keep his job and in retaliation for a sexual harassment claim that Flores had earlier brought against a fellow employee.

Flores then sued Davila and Steen for intentional infliction of emotional distress, defamation, and slander based on the accusations of abuse that Davila and Steen had allegedly disseminated to others in the process of their investigation.1 Davila and Steen moved for summary judgment on the ground that they are officially immune from suit. The trial court denied their motion and they perfected the present interlocutory appeal from that denial. See Tex. Civ. Peac. & Rem.Code Ann. § 51.014(a)(5) (Vernon Supp.1999).

By a single point of error, Davila and Steen claim that they are entitled to official immunity for their actions and that the trial court should have granted their motion for summary judgment.

When reviewing the trial court’s action on a summary judgment, we follow the well-established rules set out in Nixon, v. Mr. Property Management Co., 690 S.W.2d 546, 548-49 (Tex.1985). Specifically, summary judgment is proper if the defendant establishes all elements of an affirmative defense to each claim. American Tobacco Co. v. Grinnell, 951 S.W.2d 420, 425 (Tex.1997); Montgomery v. Kennedy, 669 S.W.2d 309, 310-11 (Tex.1984). Once an affirmative defense has been established, the non-movant must produce summary judgment proof raising a fact issue in contravention of the affirmative defense. In re Estate of Ayala, 986 S.W.2d 724, 726 (Tex.App. — Corpus Christi 1999, no pet.).

A government employee may assert official immunity as an affirmative defense for the performance of discretionary duties within the scope of the employee’s authority, provided the employee acts in good faith. Wadewitz v. Montgomery, 951 S.W.2d 464, 465-66 (Tex.1997); City of Lancaster v. Chambers, 883 S.W.2d 650, 653 (Tex.1994).

In the present case, Davila and Steen allegedly injured and defamed Flores by publishing the accusations against him to other employees and unspecified persons in their dissemination of letters that Davila wrote to the Commission’s employee grievance administrator and to Flores himself, mentioning the alleged incidents of abusive conduct by Flores against the youth.

There is no question that Davila and' Steen had the right to gather information and investigate the allegations of wrongdoing. Nor do we here address any claims arising out of their decisión to terminate or [791]*791reassign Flores.2 We are solely concerned in the present appeal with Flores’ allegation that, in the process of that investigation and recommended termination, Davila and Steen wrongfully disseminated information about the allegations to others.

Davila and Steen supported their motion for summary judgment with their own affidavits, by which each stated that they gathered and disseminated information concerning the incident in a fair and just manner and without any ill will, spite, or malice toward Flores. Specifically, after detailing his duties and the investigation of the report of misconduct against Flores, Steen stated in his affidavit that:

I considered all information provided to me about Eric Flores to have been received by me in my official capacity as Regional Superintendent for Evins Juvenile Detention Center. I categorically deny that I ever acted upon any individual motive. At all times, I acted as an official of the Texas Youth Commission, more specifically, as the Regional Superintendent assigned to the Evins Regional Juvenile Center. Recognizing that information concerning Eric Flores had come to me which could involve the violation of the rights of the youth, J.L., I did not consider that I had any other choice than to act according to my duties and responsibilities as Regional Superintendent, to advise the Youth Rights Division of TYC. With that duty in mind that I contacted the Youth Rights Division and thereafter participated in the process of investigating the matter, all in accordance with what I understood to be my responsibility as Regional Superintendent. Although at times there may have been no exactly specific procedure known to me for such things as taking notes of interviews and the order in which interviews may have been conducted, I pursued gathering and disseminating information as best as I could determine would be just and fair to all parties involved, including the youth who were served at Evins Regional Detention Center. I notified those who I did of such information and I made such recommendations as I did after due consideration of the information and with my best judgment as to what would be fair and just to all interests. Based upon my best understanding of the information which was gathered and the findings which were made, and based upon my best judgment of the interests to be served and protected under the circumstances, including the budgetary concerns facing the Campus at the time, I made such recommendations concerning Eric Flores, for his suspension and for reinstating him to the position to which he was reinstated, in good faith and according to what I understood to be my duties and responsibilities as Regional Superintendent.
In the case of my actions concerning the information about Eric Flores which, because of my position, I was authorized to have and to use in making my decision as to what personnel action should be taken regarding Eric Flores, I used the information and made my decisions based upon my knowledge and experience, and in the interests of what I believed to be best for the Texas Youth Commission, the Evins Center, Eric Flores, the youth to be served and other Evins Center employees.
I never acted with malice in acting upon my duty to gather, disseminate and recommend such personnel action as I deemed proper. No false representations were made by me to anyone concerning Eric Flores. All actions taken by me were within what I considered to be my discretionary authority and were carried out in good faith at all times in full compliance with the policies and procedures of Texas Youth Commission and

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6 S.W.3d 788, 15 I.E.R. Cas. (BNA) 1437, 1999 Tex. App. LEXIS 9068, 1999 WL 1102689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davila-v-flores-texapp-1999.