No. 21-21

Caroline Ross v. Judson Independent School District

Lower Court: Fifth Circuit
Docketed: 2021-07-08
Status: Denied
Type: Paid
Tags: administrative-law cross-examination due-process fourteenth-amendment hearsay-evidence non-renewal procedural-rules school-board school-board-non-renewal state-law-violation
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Due-process-violation

Question Presented (OCR Extract)

QUESTIONS PRESENTED: 1. Petitioner was deprived of due process when the tribunals below materially misapprehended the record. They held that there was no objection to admission of case-dispositive hearsay at the teacher’s non-renewal hearing and to the inability to cross-examine the hearsay declarant. There was indeed an eight page objection and an adverse ruling. 2. The state deprived teacher of Fourteenth Amendment due process when its School Board non-renewed teacher without jurisdiction to do so. 3. Consideration by a state’s fair employment tribunal is protected by the guaranty of Fourteenth Amendment due process. U.S.CONST.Amend.XIV 4. The state deprived teacher of Fourteenth Amendment due process when its School Board violated its own law (by disregarding its policy that only the superintendent could recommend non-renewal, by disregarding its policy on rules of evidence at its hearings, by disregarding its policy of having to consider the most recent evaluation, by firing her for an action which was not even prohibited until after she was non-renewed, in violation of Texas’ “constitutional prohibition against retroactive laws” . Vernon's Ann.Texas Const. Art. 1,sec.16; Robinson v. Crown Cork & Seal Co., Inc.,335 S.W.3d A state’s failure to follow its own law violates the guaranty of due process. Hicks Vv. Oklahoma, 447U.S.343 (1980) ii. INTERESTED PARTIES PETITIONER and counsel 1. Caroline Ross Plaintiff/Appellee 2. Laurence W. Watts Trial & Appellate Counsel Watts & Company Lawyers, td. P.O. Box 2214 Missouri City, Texas 77459 Phone: (281) 431-1500 Facsimile: (877) 797-4055 Email: SBN 20981000 Fed. Id. 7092 3. Melissa Azadeh 11711 Memorial Drive No. 209 Houston, Texas 77024 Phone: (713 )371-7350 Facsimile: (832) -827-4259 Email: State Bar No. 24064851 Appellate Counsel 4. Larry Warner Sr. 513 Jackson Street, Suite 301 Harlingen, Texas 78550 Tel. (956) 454-4994 Facsimile: (866) 408-1968 Email: State Bar No. 20871500 Appellate counsel and Petition for Writ of Certiorari iii. RESPONDENT and Counsel 1. Judson Independent School District Defendant-Appellees Former Defendants: Carl Montoya Elida Bera_ Renee Paschall_ Melinda Salinas_ Richard La Foille Counsel: 2. Katie E. Payne Walsh Gallegos Trevino Russo & Kyle P.C. 1020 NE Loop 410, Suite 450 San Antonio, Texas 78209 Phone: (210) 979-6633 Facsimile: (210) 979-7024 Email: kpayne@wabsa.com 3. Donald Craig Wood Walsh Gallegos Trevino Russo & Kyle P.C. 1020 NE Loop 410, Suite 450 San Antonio, Texas 78209 Phone. (210) 979-6633 Facsimile: (210) 979-7024 Email: cwood@wabsa.com iv. State District Court: 1. Honorable David A. Canales 73rd Judicial District Court of Bexar County Bexar County Courthouse 100 Dolorosa, 2nd floor San Antonio, Texas 78205 Phone: (210) 335-2523 Facsimile: (210) 335-1008 INTERESTED PARTIES 1. Ken Paxton Attorney General of the Texas P. O. Box 12548 Austin, Texas 78711 2. Solicitor General of the United States 950 Pennsylvania Ave., N.W. Washington, DC 20530-0001

Docket Entries

2021-10-04
Petition DENIED.
2021-08-25
DISTRIBUTED for Conference of 9/27/2021.
2021-08-09
Brief of respondent Judson Independent School District in opposition filed.
2021-07-01
Petition for a writ of certiorari filed. (Response due August 9, 2021)

Attorneys

Carolina Ross
Larry Warner Sr.Law Office of Larry Warner, Petitioner
Judson Independent School District
Katie Elizabeth PayneWalsh Gallegos Trevino Kyle & Robinson P.C., Respondent