Luke Nuttall challenged the trial court’s dismissal of his claims against the Dallas Independent School District (DISD) for lack of subject-matter jurisdiction.
Nuttall was hired by DISD to teach geometry at Hillcrest High School for the 2019–2020 school year, with a prorated salary due to the mid-year hire. He filed grievances regarding his compensation, which were denied at multiple levels within DISD. During the COVID-19 pandemic, Nuttall’s request to work remotely was denied, and he was terminated for failing to return to campus.
Nuttall then filed multiple claims against DISD, including under the Fair Labor Standards Act (FLSA), the Texas Education Code, the Texas Whistleblower Act, and others. The federal court dismissed Nuttall’s FLSA claim and remanded his state-law claims to state court.
Nuttall argued that DISD waived its immunity by removing the case to federal court and that the trial court had jurisdiction over his claims. He also contended that he did not receive proper notice before the dismissal of his claims. The appellate court affirmed the trial court’s dismissal of Nuttall’s claims under the Education Code, breach of contract, Whistleblower Act, and tort claims.
Nuttall first argued that DISD waived its immunity by removing the case to federal court. The appellate court rejected this, stating that removal to federal court did not waive DISD’s state-law immunity.
The court found Nuttall failed to exhaust mandatory administrative remedies as required under the Texas Education Code to pursue a claim for breach of contract. Nuttall’s Whistleblower Act claim was dismissed because it involved retaliation related to employment discrimination complaints, which are not covered by the Whistleblower Act. The court also held that Nuttall did not establish a waiver of DISD’s immunity for his tort claims.
The appellate court affirmed the trial court’s dismissal of Nuttall’s claims, ruling that Nuttall did not exhaust administrative remedies for his compensation-related claims, his Whistleblower Act claim was not applicable, and he failed to show DISD’s immunity was waived for his tort claims.
The case is Nuttall v. Dallas Indep. Sch. Dist., No. 05-23-00877-CV, 2024 WL 2126714 (Tex. App. May 13, 2024).
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