On Sept. 24 the Ninth Court of Appeals affirmed a lower court’s ruling granting Jefferson County and a justice of the peace summary judgment in a whistleblower suit brought by a former clerk, who alleges she was terminated for reporting an alteration of governmental records.

As previously reported, Lisa Schaver Harris filed the suit against the county and Justice of the Peace Brad Burnett, Precinct 7, on Nov. 1, 2012, in Jefferson County District Court.

The lawsuit alleges that Schaver was employed as chief clerk for Burnett. She claims she was terminated after she reported that Burnett allegedly altered government records, a death certificate.

Court records show the defendants filed a motion for summary judgment on Oct. 7, 2013, arguing there is no evidence to support the plaintiff’s claim.

Harris did not file a timely response, and the trial court found in favor of the defendants following a hearing.

“Because Harris failed to timely present prima facie proof on the elements of her claims that the defendants’ no-evidence motion challenged, we affirm the trial court’s ruling,” states the Ninth Court’s opinion, authored by Justice Hollis Horton.

Missouri City attorney Larry Watts represents Schaver.

The defendants are represented by attorney Kathleen Kennedy and Phillip Babin III.

Trial case No. A193-540

Appeals case No. December 31, 2009581-CV

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