Home/Court of Appeals of Texas/Michael Hamilton v. Mark Washington, in His Capacity as City of Austin Civil Service Director Art Acevedo, in His Capacity as City of Austin Chief of Police The City of Austin, Gary Cobb and Stephen Edmonds, in Their Capacity as Members of Austin Firefighters

Michael Hamilton v. Mark Washington, in His Capacity as City of Austin Civil Service Director Art Acevedo, in His Capacity as City of Austin Chief of Police The City of Austin, Gary Cobb and Stephen Edmonds, in Their Capacity as Members of Austin Firefighters

CourtCourt of Appeals of Texas
DecidedDecember 23, 2014
Docket03-11-00594-CV
StatusPublished

This text of Michael Hamilton v. Mark Washington, in His Capacity as City of Austin Civil Service Director Art Acevedo, in His Capacity as City of Austin Chief of Police The City of Austin, Gary Cobb and Stephen Edmonds, in Their Capacity as Members of Austin Firefighters (Michael Hamilton v. Mark Washington, in His Capacity as City of Austin Civil Service Director Art Acevedo, in His Capacity as City of Austin Chief of Police The City of Austin, Gary Cobb and Stephen Edmonds, in Their Capacity as Members of Austin Firefighters) 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.

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Michael Hamilton v. Mark Washington, in His Capacity as City of Austin Civil Service Director Art Acevedo, in His Capacity as City of Austin Chief of Police The City of Austin, Gary Cobb and Stephen Edmonds, in Their Capacity as Members of Austin Firefighters, (Tex. Ct. App. 2014).

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED DECEMBER 23, 2014

NO. 03-11-00594-CV

Michael Hamilton, Appellant

v.

Mark Washington, in his Capacity as City of Austin Civil Service Director; Art Acevedo, in his Capacity as City of Austin Chief of Police; the City of Austin; and Gary Cobb and Stephen Edmonds, in their Capacity as Members of Austin Firefighters’ and Police Officers’ Civil Service Commission, Appellees

APPEAL FROM THE 200TH DISTRICT COURT OF TRAVIS COUNTY BEFORE CHIEF JUSTICE JONES, JUSTICES ROSE AND GOODWIN AFFIRMED IN PART: REVERSED AND REMANDED IN PART -- OPINION BY JUSTICE GOODWIN

This is an appeal from the judgment signed by the trial court on September 12, 2011. Having

reviewed the record and the parties’ arguments, the Court holds that there was reversible error in

the court’s judgment. Therefore, the Court reverses the portion of the trial court’s judgment to

the extent it dismissed Hamilton’s constitutional claim against the City of Austin and to the

extent it dismissed Hamilton’s ultra vires claims for declaratory and mandamus relief against the

individual defendants in their official capacities and remands the case to the trial court for further

proceedings consistent with the Court’s opinion; and affirms the trial court’s judgment in all

other respects. Each party shall bear their own costs relating to this appeal, both in this Court

and in the court below.

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Michael Hamilton v. Mark Washington, in His Capacity as City of Austin Civil Service Director Art Acevedo, in His Capacity as City of Austin Chief of Police The City of Austin, Gary Cobb and Stephen Edmonds, in Their Capacity as Members of Austin Firefighters, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-hamilton-v-mark-washington-in-his-capacity-as-city-of-austin-texapp-2014.