Mallek v. City of San Benito

DUHÉ, Circuit Judge:

Plaintiff-Appellant Barry Mallek appeals the dismissal' — through two partial summary judgments and one judgment as a matter of law — of his wrongful termination claim against Defendant-Appellee City of San Benito, Texas. For reasons that follow, we vacate and remand.

I

On 26 March 1992, Barry Mallek received from Carla Schuller, acting City Manager for the City of San Benito, a telefax letter confirming Mallek’s acceptance of a job offer as Chief of Police for the City of San Benito. 2 On 7 April 1992, Mallek was publicly introduced to the San Benito City Commission as the…