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Woods v. Vandevender

Legislative history of Texas Constitution Article III �52e indicates that salary continuation is available for any period of incapacity or hospitalization, caused by an injury incurred in the course of the officer's official duties, while the officer is a duly sworn deputy employed by the county. Beaumont Court of Appeals, No. 09-08-00377-CV, 08-31-2009.

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OPINION

James VanDevender, a former Jefferson County deputy sheriff, filed suit against Jefferson County Sheriff G. Mitch Woods (“Sheriff Woods”) and Jefferson County, Texas, after the County stopped paying his full salary benefit during a period of incapacity caused by an injury he sustained in the course of his official duties during a prior term of office. While VanDevender’s injury occurred in one term of office, the period of incapacity that is at issue in this case occurred in a subsequent term of office, after VanDevender was re-appointed as a deputy sheriff. After a previous trial before another judge and an appeal resulting in a remand to the trial court, the trial court entered a declaratory judgment in which it found that article III, section 52e of the Texas Constitution entitled VanDevender to receive his full salary benefit during the period of incapacity. We affirm the judgment of the trial court.

FACTUAL BACKGROUND

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