BEAUMONT – A district judge recently granted a motion to abate a lawsuit brought by a firefighter who was indefinitely suspended by the city of Beaumont.
Plaintiff James Mathews was indefinitely suspended in October 2007, due to his actions following a minor automobile accident and the altercation that ensued. He was acquitted of the criminal charges in July 2009 when the alleged victim failed to show up in court.
An independent arbitrator ordered Mathews reinstated, finding the City had not given him proper notice of the charges against him. The city lost an appeal with the district court and then appealed to the Beaumont Court of Appeals.
The 9th Court of Appeals reversed the arbitrator's decision reinstating Mathews as a firefighter with the Beaumont Fire Department.
Court records show that on June 28 Mathews filed a motion to abate, stating the city must satisfy the mandatory pre-suit notice requirements of the local government code.
Mathews also asked that the case be abated so that he may render or change his election to proceed before the Civil Service Commission.
Judge Justin Sanderson, 60th District Court, granted the motion on July 14, court records show.
Missouri City attorney Larry Watts represents the plaintiff.