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Robinson v. Brannon

Appellant was employed as a teacher. Appellees allegedly began a campaign against appellant to tarnish his reputation as an educator. In appellant's first issue, he contends that the trial court erroneously granted summary judgment in favor of appellees on the ground of professional immunity under �22.0511 of the Education Code. The court sustained appellant's first issue to the extent that appellees did not have professional immunity from the alleged acts of electronic harassment — harassing phone calls, threatening text messages and defamatory email — but the court overruled his first issue to the extent that one appellee had professional immunity regarding the acts of investigating and suspending appellant. Houston's 14th Court of Appeals, No. 14-09-00139-CV, 05-24-2010

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Affirmed in Part and Reversed and Remanded in Part and Opinion filed May 20, 2010.

OPINION

In this employment dispute, appellant, Adrian Robinson, appeals from a summary judgment in favor of appellees, Dwight Brannon and Lynetta Freeman a/k/a Lenetta Freeman, on the grounds that: (1) appellees were not immune from suit under the doctrine of professional immunity; (2) Robinson was not required to exhaust administrative remedies; and (3) fact issues were raised on Robinson’s tort claims. Brannon and Freeman have also brought a cross-appeal, arguing that the trial court erred in denying their request for attorney’s fees–specifically under the Texas Education Code–after summary judgment had been granted in their favor. We affirm the trial court’s order granting summary judgment in favor of Brannon and Freeman, reverse the trial court’s order denying Brannon’s request for attorney’s fees, and remand on the sole issue of Brannon’s reasonable and necessary attorney’s fees on his professional immunity defense in accordance with this opinion.

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