Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The Texas Board of Pardons and Paroles (the Board) appeals the trial court’s denial of its plea to the jurisdiction. *fn1 Stuart Feinblatt, a hearings examiner employed by the Board, claims that after he reported allegedly illegal actions taken by the Board, he received a negative performance evaluation and disciplinary action. He filed a whistleblower cause of action against the Board alleging retaliatory adverse employment actions; he later amended his complaint to include a claim for retaliatory constructive discharge. See Tex. Gov’t Code Ann. �� 554.001-.010 (West 1994 & Supp. 2002). The Board filed a plea to the jurisdiction and a motion for summary judgment on the ground that Feinblatt’s claim did not effect a waiver of its immunity as provided for in the Act. See id. � 554.0035 (West Supp. 2002). The Board contended that Feinblatt had failed timely to initiate administrative remedies as required by the whistleblower statute and that he did not make a good- faith report to an appropriate law enforcement agency. See id. �� 554.002, .006. The trial court denied the plea and the motion for summary judgment. We hold that (1) initiation of internal grievance procedures is a statutory prerequisite to suit and that Feinblatt timely initiated such procedures and (2) Feinblatt’s good-faith belief is an element of his cause of action and not a statutory prerequisite to suit. We therefore affirm the judgment of the trial court.


The statutory provisions relating to the Board are found in chapter 508 of the government code. See Tex. Gov’t Code Ann. �� 508.001-.324 (West 1998 & Supp. 2002). Board members determine various matters in connection with parole and mandatory supervision. Id. �� 508.044, .045. The statute gives the Board the power to determine:

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

WIPL.UK Awards 2022

May 22, 2022

The original national forum facilitating women-to-women exchange on leadership and current legal issues in the UK.

Learn More

BenefitsPRO Broker Expo 2022

May 23, 2022 - May 25, 2022
Austin, TX

The premier educational and networking event for employee benefits brokers and agents.

Learn More

Georgia Legal Awards 2022 (GALA)

June 23, 2022
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession in Georgia.

Learn More


McGovern Legal Services, LLC seeks an attorney to join our team at our North Brunswick office working with Condominium Associations, Homeown...

Apply Now ›

Trial Attorney - New York

Auto defense firm seeks experienced TRIAL ATTORNEY to do trials,motions, court appearances and depositions. Email resume: [email protected]

Apply Now ›


Mineola firm with national practice seeks talented, experienced (3-5 years post-admission) attorneys withdeposition experience to handle com...

Apply Now ›



Lawrence Law LLC congratulates Jeralyn Lawrence, Esq. on her upcoming installation as President of the New Jersey State Bar Association

View Announcement ›



RAYNES & LAWN is Proud to Welcome Next Generation to the Firm

View Announcement ›