Friday, February 16, 2007

The Constables That Owned Their Jobs: In Dallas v. Wiland, the Texas Supreme Court held in this opinion that three deputy constables have a property interest in their continued employment and cannot be discharged without cause. Justice Hecht (joined by Justice Wainwright, Justice Green, Justice Johnson, and Justice Willett), writing for the majority, held that the constables that brought the action were denied procedural due process because they were discharged without a hearing and they therefore could recover damages for injuries resulting from their loss of employment.

Justice Brister (joined by Chief Justice Jefferson, Justice O'Neill, and Justice Medina) concurred in part and dissented in part in this opinion. The point of dissention focuses on whether Dallas County should be granted a "second chance to escape liability" that was afforded to it by the majority opinion.