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Suing a Special District in Texas

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  • 10-25-2016, 10:50 PM
    MrMeow
    Suing a Special District in Texas
    My question involves civil rights in the State of: Texas

    Hello,

    I'm wondering if there are any special requirements that must be fulfilled before you can sue a Special District in Texas. I filed a small claim yesterday in JP court against a community college district for violating Texas Human Resources Code 121.003(d)(2-3). However, it just occurred to me that there may be extra steps such as filing a Notice of Claim before I can fill a suit because a school district is technically a governmental entity. The entity in question is the Austin Community College District.

    I filed a complaint against them with the Department of Justice Civil Rights Division regarding this a few weeks ago. If a Notice of Claim is required, would the complaint filed with the DOJ be enough to satisfy this?

    Furthermore, violating HRC 121.003 is a misdemeanor offense as defined under 121.004(a). How would I go about having the school charged? Would filing an affidavit of probable cause with the JP court be sufficient for the Judge to issue a summons and initiate a criminal case against the school?
  • 10-26-2016, 06:34 AM
    cbg
    Re: Suing a Special District in Texas
    Posting hx
  • 10-26-2016, 08:40 AM
    Mr. Knowitall
    Re: Suing a Special District in Texas
    You are free to make whatever reports you want to law enforcement agencies to try to have the school charged.

    The manner in which a defendant may be filed for an alleged violation of HRC Sec. 121.003 is described at 121.004(d).

    At least one court has held that a governmental agency is immune from lawsuits brought for alleged violations of HRC Sec. 121.003.
  • 10-26-2016, 10:55 AM
    MrMeow
    Re: Suing a Special District in Texas
    Quote:

    Quoting Mr. Knowitall
    View Post
    At least one court has held that a governmental agency is immune from lawsuits brought for alleged violations of HRC Sec. 121.003.

    Hmm, that's interesting. My interpretation of 121 was that it was written expressly by the legislature to in fact allow you to sue the government. If you read 121.004(a) or (b) it states that any public organization is subject to 121.003, and the government is a tacit public organization.

    Edit: Further research shows the legislature amended 121.004 to include "public organizations" in 2013, with the law taking effect January 1, 2014.

    Acts 2013, 83rd Leg., R.S., Ch. 838 (H.B. 489), Sec. 4, eff. January 1, 2014.

    In pertinent part "a person, firm, association, corporation, or other organization" was changed to "a person, including a firm, association, corporation, or other public or private organization".

    Texas Administrative Code Title 10, Part 1, Chapter 5, Subchapter A, Rule §5.2(45) defines "Public Organization" as "A unit of government, as established by the Legislature of the State of Texas. Includes, but may not be limited to, cities, counties, and councils of governments.".

    https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tl oc=&p_ploc=&pg=1&p_tac=&ti=10&pt=1&ch=5&rl=2

    Quote:

    Quoting Mr. Knowitall
    View Post
    The manner in which a defendant may be filed for an alleged violation of HRC Sec. 121.003 is described at 121.004(d).

    HRC 121.004(d) doesn't exists, did you mean (b)? Also I need to back up and ask a more important question...

    Is a Justice Court a Court of "competent jurisdiction" within the State of Texas for claims against a College District, which is a Special District of the State of Texas?

    I know two things about jurisdiction:

    1) The Texas Constitution states that Justice Courts have original jurisdiction for all misdemeanor cases punishable by fine only. HRC 121.004(a) falls under this.
    2) Goverment Code 27.031(1) states that Justice Courts have original jurisdiction in "civil matters in which exclusive jurisdiction is not in the district or county court and in which the amount in controversy is not more than $10,000"

    The question I do not know is if a suit against a college district (or special district, or "the state", etc.) is one of the exclusive jurisdictions of the district or county courts. Clarification on this would be helpful.

    Quote:

    Quoting Mr. Knowitall
    View Post
    At least one court has held that a governmental agency is immune from lawsuits brought for alleged violations of HRC Sec. 121.003.

    A college district, that directly receives federal financial assistance is bound by the provisions articulated in the Rehabilitation Act of 1973, regardless of sovereign immunity. If a state entity receives federal funding for whatever purpose, they cannot claim sovereign immunity if they are sued in Federal Court. 42 U.S.C. § 2000d–7 explicitly says this. Numerous Federal Appellate Court cases, such as Doe v. Nebraska in the 8th Circuit and Thomas v. University of Houston of the 5th Circuit have held that, as long as the state entity receives federal funding, then the sovereign immunity for discrimination cases is not abrogated, but voluntarily waived. Since the receiving of the federal funds - such as FAFSA is optional, then the waiver of sovereign immunity was optional.

    I haven't had time to read the following, but it would appear based on the summary that the 5th circuit of appeals agrees that sovereign immunity is waived: https://www.justice.gov/sites/defaul...2/14/danny.pdf

    So with those facts in mind, can this voluntary waiver also be applied to a claim under HRC 121.004(b) against a college district in a state court? If you brought a federal claim under Section 504 of the Rehabilitation Act in a state court, would they apply federal law to the claim (waiver of immunity) or state law to the claim (no waiver of sovereign immunity)?
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