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SOUTHEAST TEXAS RECORD

Friday, March 29, 2024

Jefferson County escapes jailer’s suit, justices find Floyd erred by denying jurisdiction plea

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Cherisse Jackson filed suit under the Whistleblower Act, seeking a declaration that the county violated her rights under the Texas Constitution and Collective Bargaining Agreement.

Jackson, a correctional officer, was demoted on Sept. 23, 2015, court records show.

She also claims she was denied a promotion and further contends she was retaliated and discriminated against because she reported a racial comment and because she refused to lie about seeing a fellow correctional officer engage in a sexual relationship with a prisoner.

On appeal, the county argued Judge Donald Floyd, 172nd District Court, erred by denying its plea to the jurisdiction and by failing to dismiss Jackson’s suit in its entirety.

On July 26, the Ninth Court found that Jackson failed to exhaust her administrative remedies as for her claims that the county took some of her job duties away from her, prevented her from accessing the grievance procedure, interfered with her right to appeal, and subjected her to a hostile work environment.

“In conclusion, we hold the trial court erred when it denied the County’s plea challenging the trial court’s authority to hear all of Jackson’s Whistleblower Act and (Texas Commission on Human Rights Act) claims,” the opinion states.

“Although the County raises several additional arguments in its brief to support dismissing Jackson’s claims, we need not address them since Jackson failed to present evidence showing that the trial court could exercise jurisdiction over her claims.

“For the reasons we have discussed, we reverse the trial court’s order denying the County’s plea, we render judgment granting the County’s plea, and we order Jackson’s suit dismissed, with prejudice.”

Chief Civil Attorney Kathleen Kennedy represents the county.

Missouri City attorney Larry Watts represents Jackson.

Jefferson County case No. E-197513

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