HOUSTON - The 14th Court of Appeals today granted the Harris County Department of Education’s plea to the jurisdiction claim in a discrimination lawsuit.
Court records show the lawsuit was brought by Keith Montgomery.
According to the 14th Court’s opinion, Montgomery, while employed as an assistant principal, was involved in a physical altercation with a student. He alleged he was injured in the altercation, filed a criminal charge against the student, and sought to recover benefits from HCDE.
HCDE concluded that Montgomery instigated the altercation and disciplined Montgomery, denied his request for assault leave, forcing him to use twenty-four days of sick leave, and opposed his request for workers’ compensation benefits, the opinion states.
Montgomery filed a charge of discrimination with the Equal Employment Opportunity Commission, alleging race discrimination and retaliation.
Montgomery alleged that because he opposed HCDE’s discrimination of another employee, HCDE retaliated against him by denying his workers’ compensation claim; and regarding his altercation with the student, the school’s principal allowed the investigating officer’s “false view [that Montgomery provoked the attack] to damage [Montgomery’s] health and career because of [his] race,” the opinion states.
After receiving a right to sue letter, Montgomery filed suit against HCDE, asserting claims for violations of Texas Labor Code Chapter, Texas Government Code, and the Texas Constitution.
Court records show the trial court denied HCDE’s plea to the jurisdiction, leading the department to appeal.
The 14th Court reversed the trial court’s order and rendered judgment granting HCDE’s plea to the jurisdiction, dismissing Montgomery’s case for want of subject-matter jurisdiction.
Appeals case No. 14-22-00008-CV