United States Fifth Circuit
MARTINEZ v. TEXAS DEP'T OF CRIMINAL JUSTICE, 00-51135
The Texas Whistleblower Act's waiver of state sovereign immunity in Texas state court does not waive Eleventh Amendment immunity in federal court. A First Amendment retaliation claim fails where employee would have been terminated regardless of protected conduct.
Appellate Information
- Decided 07/25/2002
- Published 07/25/2002
Judges
- RHESA HAWKINS BARKSDALE, Circuit Judge:, Before BARKSDALE and STEWART, Circuit Judges, and DUPLANTIER, District Judge.
Court
- United States Fifth Circuit
Counsel
- For Appellees:
- Rachel Mary Reuter (argued), Sally L. Justice, San Antonio, TX, for Plaintiff-Appellee., Lisa Royce Eskow (argued), Kevin Robert Lashus, Asst. Atty. Gen., Austin, TX, for Defendants-Appellants.