Deputy Entitled to Procedural Due Process in Political Dismissal

Texas Supreme Court Holds that Discontinued Deputy Constable
Was Entitled to Grievance Hearing

County of Dallas v. Walton, No. 04-0631 (Tex. Feb 16, 2007)(Hecht)

Deputy Constable Lamar Walton was not resworn after new Dallas County Constable took office. Deputy, who was a civil service employee, sued county for damages and reinstatement alleging deprivation of his constitutional due process rights. The new Constable and the County relied on Deputy's signed acknowledgment that his employment was at will.

The Supreme Court holds that a constable cannot unilaterally remove covered deputies from the civil service system by requiring the waiver, and that the deputy's signed statement thus had no legal effect. The Court determines that Deputy Walton has a valid procedural due process claim because he was denied a grievance hearing before the civil service commission, and remands to the trial court for further proceedings.

Companion case: County of Dallas v. Wiland (Tex. Feb. 16, 2007)(Hecht)

Find terms: Texas at will employment, civil service system, public employee, governmental entities, section 1983 action, CRA, due process, protected interest