A former Liberty County sheriff's deputy has lost his appeal of a district court's decision to dismiss his wrongful termination suit against the county and sheriff's department.
In its unanimous memorandum opinion, a Texas Ninth District Court of Appeals three-judge panel agreed with the lower court's decision to dismiss the suit by former deputy Jeremy Marcantel.
"We hold that Marcantel's live pleadings fail to allege a claim over which the courts possess jurisdiction," the 11-page memorandum opinion issued July 16 said. "As a result, the trial court's judgment is affirmed."
Justice Hollis Horton wrote the opinion in which Justice Steve McKeithen and Justice Leanne Johnson concurred.
Marcantel was fired from his position as Liberty County deputy sheriff in March 2011 and later sued the county, the sheriff and several other deputy sheriffs, court documents said.
Marcantel alleged retaliation under the state's Whistleblower Act, breach of his employment contract with the county, defamation, negligent injury, malicious prosecution and violation of his constitutional rights, among other claims.
Then Liberty County Sheriff Henry Patterson is named in the case. Patterson's successor, current Liberty County Sheriff Bobby Rader is not a party .
After the appeals court previously remanded the case back to the district court, Liberty County amended its plea but Marcantel continued with his original allegations.