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Denton County3/16/2000
Introduction
Denton County (the "County") brings this interlocutory appeal from the trial court's order denying its motion for summary judgment. In May of 1996, Collette Johnson ("Johnson") filed a workers' compensation retaliation claim against the County after its Chief Deputy Sheriff, Charles Flemming ("Flemming"), dismissed Johnson based on the recommendation of Johnson's supervisor, Captain Betty Chancellor ("Chancellor"). The County pleaded official immunity through its employees as an affirmative defense, and filed its motion for summary judgment claiming that Flemming was entitled to official immunity. The trial court denied the County's motion. In a single point on appeal, the County argues the trial court erred in denying its motion for summary judgment based on official immunity. Because official immunity is not available as an affirmative defense to a workers' compensation retaliation claim, we affirm the trial court's judgment.
Factual Background
In June 1995, Johnson was a detention officer with the Denton County Sheriff's Department assigned to booking at the county jail. Chancellor was the booking supervisor, and Richard Garcia ("Garcia") was Johnson's immediate supervisor. Johnson had a history of back problems resulting from a car accident in 1994 and requested Chancellor to transfer her to a different position, claiming she was unable to do "pat-down" searches of inmates because of her condition. Chancellor denied Johnson's request and instructed her to refrain from performing pat-down searches.
On June 24, 1995, Johnson was involved in an altercation with an inmate and reinjured her back. Johnson did not return to work on June 26 and subsequently filed a workers' compensation claim. Johnson was advised by the County Loss Control Administrator to keep her supervisors apprised of her availability status by calling in at intervals "deemed necessary by her supervisors." Chancellor instructed Johnson to report her availability to Garcia or herself every other day. Johnson initially reported to Garcia that she would be unavailable for work for at least three weeks. On August 8, she delivered a note from her doctor excusing her from her duties until August 28.
During the time she was on workers' compensation leave, Johnson made repeated phone calls to the Sheriff's Department but did not regularly contact Chancellor or Garcia directly. Chancellor recommended Johnson's termination to Flemming based on her failure to report. Chancellor also informed Flemming that Johnson's absence was causing staffing problems and that she wanted to fill her position with a new trainee. Prior to her dismissal, Garcia had given Johnson a favorable evaluation but also noted that she needed to improve her attendance and refrain from arguing with her supervisors concerning certain job duties.
Based on Chancellor's recommendation, Flemming terminated Johnson while she was still on workers' compensation leave citing "Abandonment of Duties" as the reason for her discharge. Garcia, Flemming, and the Denton County Sheriff, Weldon Lucas, each testified by affidavit that the safety of jail inmates and personnel is dependant upon adequate staffing requiring supervisors to know the status of all employees.
Procedural Background
On May 6, 1996, Johnson filed suit against the County asserting causes of action for: 1) employment discrimination in violation of Title VII of the Civil Rights Act; 2) breach of contract; 3) breach of an implied covenant of good faith and fair dealing; 4) wrongful discharge; 5) intentional infliction of emotional distress; 6) fraud; and 7) retaliation for filing a workers' compensation claim und
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