AUSTIN — A Texas appeals court has dismissed a whistleblower’s lawsuit against the Texas Health and Human Services Commission filed by a former employee who alleged he was fired in retaliation for expressing concern over alleged state law violations and bad case management practices.
According to the Sept. 10 Texas Third District Court of Appeals ruling, the commission filed the appeal against Jose Antonio Carrizal, Jr., asking the court to overturn a district court’s denial of their plea to jurisdiction.
“Because the allegations do not meet the required elements of an abuse of official capacity, it was unreasonable for Carrizal, a law enforcement officer, to believe that he was reporting a violation of law,” the court stated in its decision. “We reverse the order of the district court and render judgment dismissing Carrizal’s lawsuit.”