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Alamo Workforce Development3/15/2000
Opinion by:Catherine Stone, Justice
REVERSED AND RENDERED
Appellants Alamo Workforce Development, Inc. and Catherine "Cathy" Valdez present this accelerated appeal contesting the trial court's denial of their motion for summary judgment. See Tex. Civ. Prac. & Rem. Code Ann. ยง 51.014 (5),(8)(Vernon Supp. 2000)(permitting interlocutory appeal of order denying governmental entity's claim of immunity). Because appellants established as a matter of law that they enjoy governmental immunity, we reverse the judgment of the trial court and render judgment in favor of appellants.
Factual and Procedural Background
Alamo Workforce Development, Inc., ("AWD") is a non-profit corporation which plans, oversees, and evaluates the delivery of certain publically-funded workforce training and services within the community. In 1997 AWD maintained offices on the Southwest Campus of St. Philip's College, a community college within the Alamo Community College District ("the college district"). Grace Clawson, an employee of AWD, worked at the Southwest Campus, as did appellee Raymundo Vann ("Vann"), who was employed by the college district as a maintenance worker. Clawson reported claims of sexual harassment by Vann to college district officials and to her supervisor, Catherine Valdez ("Valdez"). Valdez took steps to investigate Clawson's complaints by discussing the matter with Clawson, interviewing some of Clawson's co-workers, and reporting the complaints to certain college district officials. Ultimately the college district found no evidence linking Vann to the reports of harassment.
Vann thereafter sued both the college district and AWD, as well as various employees of both entities. Vann later dismissed his suit against the college district and its employees. As to his claims against AWD and Valdez, Vann alleged defamation and tortious interference with his employment relationship with the college district. AWD and Valdez filed a joint motion for summary judgment claiming: (1) protection from suit on the basis of official immunity; (2) protection from liability for defamation because of qualified privilege; (3) failure of Vann to state a cause of action or to produce evidence of tortious interference with an employment relationship; and (4) protection from imposition of punitive damages because of AWD's status as a governmental entity.
The trial court denied the motion for summary judgment on three specific grounds, ruling that (1) AWD failed to prove it is a government agency entitled to immunity; (2) AWD and Valdez are not protected by the qualified privilege typically enjoyed by employers in personnel matters because this case involves investigation of an employee of another entity; and (3) a fact issue exists regarding malice.
Standard of Review
We review a summary judgment de novo. To prevail on summary judgment, the movant must show there are no genuine issues of material fact and that the movant is entitled to judgment as a matter of law. Tex. R. Civ. P. 166a(c). When a defendant moves for summary judgment on the affirmative defense of official immunity, the defendant must conclusively prove each element of the defense as a matter of law. City of Lancaster v. Chambers, 883 S.W.2d 650, 653 (Tex. 1994). If the defendant meets this burden, the plaintiff must then produce evidence raising a genuine issue of material fact to avoid the affirmative defense. Gonzalez v. City of Harlingen, 814 S.W.2d 109, 112 (Tex. App.-Corpus Christi 1991, writ denied). In reviewing a summary judgment, an appellate court accepts as true all evidence supporting the non-movant. Nixon v. Mr. Property Management Co., 690 S.W.2d 546, 549 (Tex. 1
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