Supreme Court
City of Denton v. Grim
- Case number: 22-1023
- Legal category: Governmental Immunity
- Subtype: Texas Whistleblower Act
- Set for oral argument: January 10, 2024
Case Summary
The issues in this case are whether two employees’ report of misconduct by an unpaid city councilmember qualifies for protection under the Texas Whistleblower Act and whether there is sufficient evidence that the report caused the employees’ termination.
Michael Grim and Jim Maynard worked for the City of Denton and were on the planning committee for a new natural gas plant. A city councilmember who opposed the plant released allegedly confidential documents to a local newspaper. Grim and Maynard reported this disclosure to the city attorney. Following a change in the City’s leadership, the new city manager began investigating the procurement process for the new plant. Grim and Maynard were ultimately terminated.
Grim and Maynard sued the City, alleging that their terminations were in retaliation for their report and therefore violated the Whistleblower Act. The jury agreed and awarded damages, and a divided court of appeals affirmed.
The City petitioned for review. It argues that the Whistleblower Act does not apply because the councilmember was not acting in her official capacity, so there is no report of a violation by “the employing governmental entity” as required by the Act. The City also argues that the evidence is legally insufficient to support a finding that the employees’ report caused their terminations. The Supreme Court granted the City’s petition.
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