Law Office of Gay E. Gilson

The following are summaries of laws which are provided for educational and informational purposes and it is not intended to be legal advice. The communication of information found on this website does not result in the formation of a lawyer-client relationship. Legal claims have deadlines and statute of limitations in which a timely claim must be made or your legal rights will be lost.  You should seek the opinion of an attorney regarding the merits of your potential legal claim and the applicable deadlines and/or statute of limitations. 

42 U.S.C. § 1983 states "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress....".   42 U.S.C. § 1983  provides a means for an individual to bring a claim for damages against a person acting under color of state law for violation of federal Constitutional rights and federal laws.

Constitutional claims involving public employment may arise in several contexts. 

Freedom of Speech

Public employees do not lose their right to free speech if their speech is made as a private citizen rather than in their capacity as a public employee.  The United States Supreme Court clarified the limitations of protections of public employee of First Amendment rights in Garcetti v. Ceballos, 547 U.S. 410 (2006).  Freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied rights of association and belief.

Equal Protection

Provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws". Applies to such classifications as race and gender.

Due Process

Due process rights provide that no citizen "be deprived of life, liberty, or property, without due process of law" are found under the Fifth Amendment, applied to the federal to the government and, Fourteenth Amendment, applied to states, to the U.S. Constitution. Due process protection requires that employees receive a fair process if the termination relates to a "liberty" interest or property interest.

Texas Constitution

In Texas, there is no comparable statute to the federal statute 42 U.S.C. § 1983  which provides for damages for violation of Texas Constitutional rights.  The Texas Constitution contains provisions related to Equality under Law; Freedom of Speech and Press, Libel; Deprivation of Life, Liberty, Etc., Due Course of Law; and  Right of Assembly, Petition for Redress of Grievances.

San Antonio, Laredo, Brownsville, McAllen, Robstown, Alice, Kingsville, Hebbronville, San Diego, Agua Dulce, Beeville, Victoria, Orange Grove, Mathis, Bishop, Driscoll, Gregory, Portland, Taft, Sinton, Odem, Rockport, Refugio, Bloomington, Goliad, Karnes City, Kenedy, Edinburg, Sharyland, Pharr, Raymondville, Mission, Alamo, San Benito, Harlingen, Port Isabel, Mercedes, Hidalgo, Cameron, Rio Grande City, Nueces, Port Aransas, Falfurrias, Premont, Brooks, Aransas Pass, Port Lavaca, Fulton, Padre Island