Legal Opinion

Colorado County, Texas, R.H. "curly" Wied, in His Official & Individual Capacity v. Marc Staff

Texas Supreme Court

Decided February 3, 2017No. 15-0912PublishedCited by 68 opinions

1Opinion of the CourtJustice Guzman

Chapter 614, Subchapter B of the Texas Government Code provides covered peace officers certain procedural safeguards to help ensure adverse employment actions are not based on unsubstantiated complaints of misconduct. 1 Under Subchapter B, a covered peace officer cannot be disciplined based on a “complaint” unless the complaint is (1) in writing, (2) “signed by the person making the complaint,” and (3) presented to the employee “within a reasonable time after the complaint is filed.” 2 Moreover, ultimate disciplinary action (indefinite suspension or termination) may not be “based on the…

2Cases cited36 opinions

  1. Bishop v. WoodSupreme Court of the United States · 1976
  2. State v. ShumakeTexas Supreme Court · 2006
  3. Entergy Gulf States, Inc. v. SummersTexas Supreme Court · 2009
  4. TGS-NOPEC GEOPHYSICAL CO. v. CombsTexas Supreme Court · 2011
  5. Homer Merriman v. Xto Energy, Inc.Texas Supreme Court · 2013

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3Cited by68 opinions

  1. John Hinkley v. Envoy Air, IncorporatedCourt of Appeals for the Fifth Circuit · 2020
  2. Harris County Appraisal District v. Texas Workforce CommissionTexas Supreme Court · 2017
  3. LMV-AL Ventures, LLC v. Texas Department of Aging & Disability ServicesCourt of Appeals of Texas · 2017
  4. Bosque Disposal Sys., LLC v. Parker Cnty. Appraisal Dist.Texas Supreme Court · 2018
  5. Veigel v. Tex. Boll Weevil Eradication Found., Inc.Court of Appeals of Texas · 2018

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