Articles Archive By Bob Gorsky THE CITY OF DALLAS DEFEATED IN PAY CASES On August 10, 2004, the Dallas Court of Appeals affirmed the Trial Court's Opinions that the City of Dallas could be sued for back pay as a result of their violation of the 1979 Pay Referendum. The Court of Appeals ruled in the class action pay cases in Rockwall, as well as in the pay cases in Collin County, that the City of Dallas was not immune from suit and could be sued for back pay by all past, present and future police officers, and fire fighters. Following the oral argument in this case in the Spring of 2004, the City of Dallas dismissed their counter-claims against all police officers and fire fighters seeking the recovery of all monies that had been paid to them. At the time that they filed their counter-claims in both the class action lawsuits and the Collin County cases, we felt that the city was trying to frighten and harass retirees and their families. We thought that this was an unfair tactic. In fact, the city's tactic backfired and created jurisdiction for the Courts to hold them liable for violating the Referendum. Despite the fact that they have dismissed those claims, the Dallas Court of Appeals held that once jurisdiction of the Trial Court had been invoked, the Trial Court would have jurisdiction forever. We expect the City of Dallas to appeal this case to the Supreme Court of Texas. We expect that the appeal will be denied. We believe that the appeal is frivolous. For a complete copy of the Court's Opinion, please access the website of www.lyongorksy.com or www.lyonlaw.com or call the pay case hotline at (972) 475-6383. ________________________________________________________ WHAT TO DO WHEN A FALSE COMPLAINT IS MADE AGAINST YOU… At least a couple of times a month I receive a call from a police officer who wants to sue a person who has made a false internal affairs complaint. Unfortunately, with each such call comes my response that a civil lawsuit is not feasible. In Texas, a complaint made to internal affairs or an officer’s supervisor is absolutely privileged from a liable or slander claim. That is, a case cannot be prosecuted civilly for the making of a false or malicious complaint. This is true even if the complainant well knows that the allegation is false. Almost 25 years ago, we represented a Dallas police officer who was falsely complained on by the father of a juvenile who was arrested for marijuana possession. While the jury awarded damages to the officers for libel, the Dallas Court of Appeals in Barry Anderson v. Robert Putter, ruled that the complaint was absolutely protected from a civil damages defamation claim. The Texas Supreme Court refused to overturn the decision. An alternative means of addressing a false complaint is through criminal prosecution. While the prosecution of a criminal case does not lead to the award of monetary damages, it can be an effective way to clear the officer’s name and punish the maker of a false complaint. It is also helpful if the police department would be proactive in referring false report cases to the district attorney. After Anderson v. Putter the department did pursue a few criminal cases, but political influences and allegations that the prosecutions were “chilling” people from making complaints caused both the police department and the district attorney’s office to back off from such prosecutions. Recently, the Dallas Morning News reported that the Duncanville Police Department had filed a perjury charge (Class A misdemeanor) against an individual who complained an officer assaulted her even though the video mounted on the officer’s police car reflected that he did not. After being shown the video, the individual stood by her position and claimed that the video had been altered. With video cameras now mounted on DPD vehicles, similar scenarios in Dallas are likely. I hope the police department will realize that there are times when the false complaint needs to be met with strong action. ________________________________________________________ FUND HONORING PATRICK METZLER… The late General Phillip Metzler and Mrs. Metzler have sent up a scholarship fund at Texas State University for students majoring in criminal justice. The fund honors the life of Officer Patrick Metzler who was tragically killed on October 23, 2002 when his Crown Victoria police car was rear ended by a drunk driver. Donations may be sent to Texas State University Development Fund, Development Services Office, 480 J.C.K., 601 University Drive, San Marcos, Texas 78666, Account No: 6-7461 and designated toward the Pat Metzler Scholarship Fund. ________________________________________________________ Bob Gorsky is a partner at the Dallas law firm of Lyon, Gorsky, Baskett, Haring, Gilbert & Cates, L.L.P., 2501 Cedar Springs, Suite 750, Dallas, Texas 75201; (214) 965-0090, website: lyongorsky.com or e-mail Bob at: bgorsky@swbell.net. |