Legal Opinion

Newth v. ADJUTANT GENERAL'S DEPT. OF TEX.

Court of Appeals of Texas

Decided October 12, 1994No. 3-93-516-CVPublishedCited by 15 opinions

1Opinion of the Court

BEA ANN SMITH, Justice.

This appeal requires us to decide whether an employee and member of the Texas National Guard 1 may maintain an action against the Adjutant General’s Department and the Executive Department of the State of Texas pursuant to Tex.Gov’t Code Ann. §§ 554.001-.009 (West 1994) (the “Whistleblower Act”). 2 The trial court dismissed this cause without prejudice on a plea to the jurisdiction, leaving Newth free to pursue his administrative remedies through the military. We will affirm.

BACKGROUND

In 1992, Frederick A. Newth was a captain in the Texas Army National Guard, serving as…

2Cases cited18 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Carlson v. GreenSupreme Court of the United States · 1980
  3. Feres v. United StatesSupreme Court of the United States · 1950
  4. Bush v. LucasSupreme Court of the United States · 1983
  5. Chappell v. WallaceSupreme Court of the United States · 1983

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3Cited by15 opinions

  1. Meredith Morris v. Michael ThompsonCourt of Appeals for the Fifth Circuit · 2017
  2. Cole v. Texas Army National Guard, Texas Court of Appeals, 3rd District (Austin)1995
  3. Landry's Seafood Restaurants, Inc. v. Waterfront Cafe, Inc., Texas Court of Appeals, 3rd District (Austin)2001
  4. Nyberg v. State Military DepartmentWyoming Supreme Court · 2003
  5. Texas Adjutant General's Department v. Amos, Texas Court of Appeals, 3rd District (Austin)2001

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