Michaela Ward v. Linda Theret, as Principal of McKinney North High School

Citation: Not availableDocket: 08-08-00143-CV

Court: Court of Appeals of Texas; July 15, 2009; Texas; State Appellate Court

Original Court Document: View Document

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Michaela Ward appeals the trial court's dismissal of her wrongful termination and breach of contract claims against Linda Theret, principal of McKinney North High School, and other officials from the McKinney Independent School District (MISD). Ward, employed since January 2006, had conflicts with school administrators regarding the disciplinary actions taken against the cheerleading squad, which included misconduct such as leaving school without permission and inappropriate behavior at school events. Following disagreements, Ward filed a lawsuit on September 18, 2007, alleging breach of contract, wrongful termination, and defamation. Theret responded with a plea to the jurisdiction, invoking sovereign immunity and seeking attorney's fees under the Texas Education Code.

Ward later amended her petition to add further claims but subsequently filed a notice of non-suit requesting dismissal of all claims. The trial court granted the non-suit on November 20, 2007, and held a hearing on attorney's fees, ultimately awarding Theret $14,071. Ward raises two issues on appeal: the trial court's error in granting Theret's plea to the jurisdiction and the award of attorney's fees. However, the court concluded that Ward's non-suit rendered these issues moot, as a non-suit extinguishes the case from the moment it is filed, in accordance with Texas procedural rules.

Courts are bound by the mootness doctrine, which restricts them to cases with an actual controversy. In this instance, Ms. Ward's claims against Ms. Theret were extinguished by a notice of non-suit on November 16, 2007, rendering Ms. Theret's plea to the jurisdiction moot and leaving no plea pending when the trial court issued its final judgment. The first issue raised by Ms. Ward is overruled, leading to the examination of Ms. Theret's attorney's fees award. Ms. Ward argues that the trial court abused its discretion in awarding these fees, claiming there is no statutory basis under the Texas Education Code.

The court reviews the availability of attorney's fees as a question of law, applying de novo review. It seeks to understand the legislature's intent by interpreting statutory provisions according to their plain meaning and consistent with other statutory terms. Ms. Ward contends that Ms. Theret did not demonstrate immunity from liability under Section 22.0517 of the Texas Education Code, and alternatively argues that Section 22.055 does not support the award since the suit type is not covered by that statute.

The trial court determined that Ms. Theret was protected by official immunity from all claims presented by Ms. Ward. Section 22.0517 allows a professional school district employee to recover attorney's fees if found immune from liability in actions concerning duties within their employment scope. Section 22.0511 defines immunity, emphasizing that professional employees are not personally liable for actions within their employment scope, barring allegations of excessive force or negligence resulting in student injury. 

The statutes suggest that the legislature intended to shield professional school district employees from personal liability in most scenarios, permitting them to recover defense costs unless excessive force or physical injury is alleged. It is undisputed that Ms. Theret was sued personally and qualifies as a professional school district employee. As the head campus administrator, her role encompasses decisions related to student discipline and employment, and the suit pertains to an employment dispute without allegations of excessive force or physical injury.

Ms. Ward contends that the award of attorney's fees to Ms. Theret is unauthorized under Section 22.0517 of the Texas Education Code for two main reasons: first, there is no jury finding of immunity in the record; second, Ms. Theret allegedly acted outside her discretionary authority regarding the punishment of the students. Section 22.0517 allows an employee to recover attorney's fees if found immune from liability, which is a separate concept from jurisdictional immunity. The trial court’s findings indicate that Ms. Theret was entitled to attorney's fees under this section, implying that she acted within her discretionary authority and was immune from liability. Ms. Ward did not provide a reference in the record for a jury trial request concerning Ms. Theret's claim. Consequently, the court affirms the trial court's judgment and the award of attorney's fees to Ms. Theret, overruling all of Ms. Ward's issues.