Zachary D. Leonard v. City of Burkburnett, Texas, Lawrence Cutrone and Eddie Stahr

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-22-00266-CV

ZACHARY D. LEONARD, Appellant § On Appeal from the 30th District Court

§ of Wichita County (DC30-CV2021-0581)

V. § December 28, 2023

CITY OF BURKBURNETT, TEXAS; § Memorandum Opinion by Justice Womack LAWRENCE CUTRONE; EDDIE STAHR; MICHAEL GUEVARA; AND FRED TILLMAN, Appellees

JUDGMENT ON REHEARING

After considering Appellant’s and Appellees’ motions for rehearing, and the

respective responses filed at our request, we deny both motions, withdraw our

November 2, 2023 opinion and judgment, and substitute the following.

This court has again considered the record on appeal in this case and holds that

there was error in part of the trial court’s judgment. It is ordered that the judgment of

the trial court is affirmed in part and reversed in part. We reverse that portion of the

trial court’s judgment dismissing the following claims: (1) that Appellees violated Appellant Zachary D. Leonard’s rights to free speech and assembly by wrongfully

terminating his employment because of his support of civil-service implementation at

the City of Burkburnett Police Department and his involvement with the Burkburnett

Police Association and (2) that Appellee Lawrence Cutrone failed to comply with

Section 614.023(c) of the Government Code before terminating Leonard’s

employment. We also reverse the judgment on the following claims, solely for the

trial court to allow Leonard an opportunity to replead them: the equal-protection and

due-course-of-law claims and the claim that Leonard is entitled to additional rights

pursuant to the “formal appeal procedure” delineated in the City’s Personnel

Handbook. But we affirm the remainder of the trial court’s judgment. We remand

this case to the trial court for further proceedings consistent with this opinion and

judgment.

It is further ordered that all parties shall bear their own costs of this appeal, for

which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By/s/ Dana Womack Justice Dana Womack