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Nairn v. Killeen Independent School District

The appellant made numerous claims against a school district relating to an employment dispute. The trial court granted summary judgment to the school district and the district's plea to the jurisdiction. Collateral estoppel applies to administrative agency orders when the agency is acting in a judicial capacity and resolves disputed issues of fact properly in which the parties have had an adequate opportunity to litigate. The school district enjoys governmental immunity from suit for all torts, including intentional torts, except those which arise from the operation or use of a motor vehicle. The trial court's judgment is affirmed. El Paso Court of Appeals, No. 08-10-00303-CV, 02-22-2012.

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OPINION

Appellant Phyllis Nairn (hereinafter "Appellant" or "Nairn") brought a whistleblower suit against Killeen Independent School District ("KISD" or "the District") claiming that KISD demoted her from her position as Special Education Coordinator to teacher, and ultimately did not renew her term contract with the District. Subsequently, on July 3, 2008, she amended her petition to include claims of: (1) discrimination based on her race, color, religion, sex, and national origin; (2) retaliation for exercising her rights under the First Amendment to the U.S. Constitution; (3) harassment and a hostile work environment; (4) a violation of her Due Process rights under the U.S. Constitution; and (5) wrongful termination. The District filed a Plea to the Jurisdiction, a Motion for Summary Judgment, and a Supplemental Plea to the Jurisdiction. Appellant responded to the plea, the motion, and the supplemental plea. Ultimately, the trial court granted KISD’s motion for summary judgment and supplemental plea to the jurisdiction, and struck Plaintiff’s Third Amended Petition, disposing of the case. On appeal, Appellant raises five separate issues. Finding no error, we affirm.

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