JohnJay Portillo v. Gregory Cunningham

JERRY E. SMITH, Circuit Judge:

JohnJay Portillo appeals the dismissal of his claims under common law, Texas statutes, and 42 U.S.C. § 1983. He contends that the court erred by dismissing for res judicata, and he challenges the order to pay costs under Federal Rule of Civil Procedure 41(d). We affirm the dismissal and vacate and remand the fee award.

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Portillo was a police officer for Houston Community College (“HCC”). In 2010, he approached several of his supervisors, including Chief of Police Gregory Cunningham, about “serious substantive and procedural deficiencies concerning safety in the…