Kelly Albin for the City of Fort Worth (left), and Jason C.N. Smith for the plaintiff police officers, argued a Whistleblower Act case Feb. 1, 2022 before the Texas Supreme Court. Credit: Texas Supreme Court archives.
A majority opinion of the Texas Supreme Court removed police misconduct reports from Whistleblower Act protection by splitting hairs over what constitutes governmental illegality.
The prevailing opinion was accompanied by a strongly worded dissent from Justice Jeffrey S. Boyd, who sided with the Fifth Court of Appeals and a Dallas County trial court that rejected the City of Fort Worth’s motion to dismiss an employment retaliation lawsuit brought by two senior officers of their police department.
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