Former Seagraves Employee Retaliation Claim Rejected by Appeals Court

Published 08/10 2014 02:23PM

Updated 08/10 2014 02:26PM

LUBBOCK, TX -- A former employee of the City of Seagraves, Waylon Lee Moore, lost his case on appeal before the United States Court of Appeals for the Fifth Circuit.  Moore sued after he resigned under pressure in October 2012. 

Moore claimed he was forced out because he supported someone other than Brace Cade Huse for Mayor, and Huse won.  If so, that would be a violation of Moore’s First Amendment rights.  But the city claimed that Moore was fired for misusing his city credit card.  

Moore lost his lawsuit in Lubbock, so he appealed.  The court of appeals last week found that the city council, not Mayor Huse, fired Moore.   

The court of appeals said, “As the district court correctly noted, ‘only final decision-makers may be held liable for First Amendment retaliation employment discrimination under [federal law].’”

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