Montgomery County v. Park, 246 SW 3d 610 (Texas Supreme Court, 2007)

Charles B. Frye

Case Conclusion Date:January 1, 2007

Practice Area:Employment / Labor

Outcome:Montgomery County prevailed.

Description:On November 12, 2002, Appellant David Park, a Lieutenant in the Montgomery County Sheriff's Office, filed suit against Montgomery County, Texas, alleging, inter alia, that he had suffered an adverse employment action as a result of his report of complaints of sexual harassment committed by Montgomery County Commissioner Ed Rinehart. I represented Lieutenant Park and we filed suit pursuant to The Texas Whistleblower Act, TEX. GOV'T CODE ANN. § 554.002 (Vernon 1994 & Supp. 2002), and Montgomery County answered and filed its' Plea to Jurisdiction and Contingent Motion for Summary Judgment in the trial court. After hearing, the trial court granted Montgomery County's Motion for Summary Judgment and we appealed to the Court of Appeals. We prevailed in the Court of Appeals and Montgomery County appealed to the Texas Supreme Court. The Texas Supreme Court reversed the Court of Appeals and held that Lieutenant Park was not entitled to relief under the Whistleblower Act. When I argued this case before the Texas Supreme Court, it was videotaped since that day was the first day the Court instituted videotaping oral arguments before the Court.