UH in the Courts | Law Suits by Students, Staff, Faculty, Contractors

The University of Houston (UH) is an agency of the State of Texas with the capacity to sue and be sued in
its own name. Lawsuits by or against the University of Houston must be brought in Harris County (Houston) or
Travis County (Austin). Although it consists of a number of components, the University of Houston System is
legally a single entity under a single Board of Regents. The Regents have the last word on all important
decisions, including the grant of tenure and dismissal of tenured professors. Authority for some decisions can
be delegated to the Chancellor and President. Also see ---> Higher Education Cases in the Houston Courts of
Appeals

THE UNIVERSITY IN COURT: CAPACITY TO SUE AND VENUE

STATUTORY BASIS: The board has the power to sue and be sued in the name of the University of Houston. Venue shall be in either Harris
County or Travis County. The university shall be impleaded by service of citation on the president or any of its vice presidents. Nothing in this
section shall be construed as granting legislative consent for suits against the board, the University of Houston System, or its component
institutions and entities except as authorized by law. Tex. Educ. Code § 111.33 (2005).

On June 30, 2006 the Texas Supreme Court held that Section 111.33 of the Texas Education Code does not waiver the University's immunity to
suit. See Tooke v. City of Mexia, No. 03-0878 (Tex. 2006). Accordingly, the University cannot be sued for breach of contract. It can only be sued
on causes of action for which a sovereign immunity waiver otherwise exists, or where consent to suit is obtained from the Legislature in the
form of a resolution waiving immunity for a particular claim.

LITIGATION PRACTICE: When the University sues, it normally does so in the name of the Regents of the University of Houston. As a
defendant, however, the University and its components are sued in many different names: University of Houston System, University of
Houston Central Campus, University of Houston Main Campus, UH-Downtown, U of H Downtown Campus, UH-Victoria, UH-Clear Lake. A variety
of short-hand identifiers are used: U of H, UHS, UH, UHD, UH-D, UH-V, UH-CL. This diversity in names is reflected in case styles (names of
cases). With very few exceptions, cases involving the University as a party are litigated in Harris County.

THE UNIVERSITY'S LAWYERS AND THEIR OPPONENTS

Suits against the University are brought by private attorneys on behalf of individuals and business entities, and by self-represented litigants.
In these suits, as well as in suits initiated by the University, UH is represented by the Texas Attorney General's Office. Assistant Attorneys
General (Asst. AG's) are the attorneys of record that actually litigate for the University, i.e. file papers and appear in court. They are assigned
following a request by the University's General Counsel, currently Dona G. Hamilton. Hamilton previously was the head of the General
Litigation Division at the Attorney General's Office and attorney of record in the precedent-setting Septimus v. Univ. of Houston case. Susan
Septimus was an attorney at UH's Office of General Counsel's, who sued the University under Title VII based on the conduct of her boss,
Dennis Duffy, Hamilton's predecessor at UH. Assistant AG's are based in Austin and work with staff attorneys at the General Counsel's Office
in Houston, such as Jennifer Bloom, Valerie Coleman-Ferguson, Jose Rangel, Eric Bentley, and Talibah Peugh.

THE UNIVERSITY'S STABLE OF LITIGATORS: The following Assistant Attorneys General have litigated on behalf of the University of
Houston and its officials in state and federal courts:

James "Beau" Eccles, Assistant Attorney General
Lars Hagen, aka Lars Walter Alvin Hagen, Assistant Attorney General
David Earl Jenkins, Assistant Attorney General
Ruth Ruggero Hughs, Assistant Attorney General
Kathlyn Claire Wilson, Assistant Attorney General
Peter B. Plotts, III, Assistant Attorney General
Allison Ianthe Wong, Assistant Attorney General
William T Deane, Assistant Attorney General

Assistant Solicitor General Kristofer S. Monson defended a case challenging the University's sovereign immunity in the Texas Supreme Court.
The Supreme Court denied review, but resolved the key issue in an opinion handed down the same day. See Tooke v. City of Mexia.

PENDING & RECENTLY DECIDED CASES AGAINST UH IN FEDERAL COURT
IN SOUTHERN DISTRICT OF TEXAS (HOUSTON)

O'Brien v. University of Houston: Graduate student's First Amendment case complaining of
denial of teaching assignment for advocacy of fair trade and anti-sweatshop activism on
campus | See Daily Cougar story: Student files suit against UH, Rudley

Cause No. 4:08-cv-02337 (1983 Civil Rights Act), filed July 29, 2008
Parties: O'Brien v. University of Houston, John Rudley
Judge Sim Lake recused himself on July 30, 2008 ("I stand recused in this case.")
Case reassigned to Judge Lynn Hughes July 31, 2008
Status: Filed pro se July 29, 2008 - no summons yet

Jeremy Michael Johnson v. University of Houston

Cause no. 4:07-cv-01175 (Civil Rights Act)
Parties: Jeremy Michael Johnson v. Univ. of Houston et al
Attorneys: Beverly Daphene Melontriee, Craig A. Washington, Ronald R. Wilson, for plaintiff
William T. Deane for the University and other defendants
Disposition: Case dismissed by Lee H. Rosenthal, District Judge, on Dec 14, 2007 based on settlement

Bisong v. The University of Houston: Expulsion of Foreign Student for Plagiarism Challenged

Cause No. 4:06-cv-01815
Parties: Angela Bisong v. The University of Houston, Dr Jay Gogue, Dr John Antel, Dr Sarah Fishman, Dr Wymewn Herendeen,
Dr Lynn Voskuil
Attorneys: Athill A Muhammad v Criag H. Russell, Asst AG, Heidi Marshall Maher (pro hac vice)
Judge: Sim Lake
Cause:Title VI Discrimination (race, national origin), state law causes of action, breach of contract
Status: Filed 5/30/06; partial dismissal order signed by Judge Sim Lake 8/18/06;
scheduling order entered 8/18/06; docket call 5/11/07

Turner v. The University of Houston et al - Social Work Student Sues Over Disability (ADA)

Cause No. 4:06-cv-02646, removed from 11th District Court,Harris County, TX 06-41752
Parties: Judi Turner v. The University of Houston, Ira Colby, in his official capacity; Susan Robbins, Karen Holmes, Needha
Queen, in their individual capacities
Andrew Golub, Geoffrey Alan Berg v. Jennifer Bloom, William T Deane
Judge: Lynn N. Hughes
Cause: Civil Rights Act (removal case), ADA, Rehabilitation Act, retaliation, Section 1983 1st Am claim, state law claims

Bradford vs. Board of Regents of The University of Houston et al - AD A Suit by Student

Cause No. 4:06-cv-02478
Parties: Gary Bradford v. Bd. of Regents of U of H, Jay Gogue, William Munson, Abel Garza, Jacqueline Hawkins, Cheryl Amuso,
Shirley Yu, in their official capacities
Attorneys: James C. Harrington, Austin v. James B. Eccles, Asst. AG
Judge: Hon Kenneth M. Hoyt
Cause: American with Disabilities Act (ADA)
Status: filed 7/27/06; scheduling order issues 12/18/06; docket call for 4-5 day jury trial set for 9/10/07

Shoecraft, et al vs. University of Houston, et al - Termination of Tenured Professor

Cause No: 6:03-cv-00085   filed 8/1/2003
Parties: Paul Shoecraft, Lynn Shoecraft v. University of Houston-Victoria, University of Houston System, Jay Gogue, Robert K. Wimpelberg, Ed
Hugetz, University of Houston, Project Grad, U.S.A. (dismissed 11/14/2005), James L. Ketelsen (dismissed 03/07/2005)
Attorneys: Lawrence Wade Watts v. Ruth Ruggero Hughs
Judge: Hon. John D. Rainey, presiding
Cause: 42:2000 Job Discrimination (Race)(Dismissal of tenured professor without due process)
District Court Disposition: Summary judgment granted in favor of Defendants 3/28/2006, 17 page opinion by Hon. John D. Rainey
Notice of appeal filed 4/26/2006
Appeal docketed as No. 06-40709; Paul Shoecraft v. University of Houston-Victoria; University of Houston System; Jay Gogue; Robert K
Wimpelberg; Ed Hugetz; University of Houston
Status of Appeal: Fifth Circuit dismissed appeal for want of prosecution 10/5/06. Appellant failed to timely file appellant's brief and record
excerpts.

Raymond et al vs. University of Houston - Dismissal of Students from Graduate Program

Cause No: 4:05-cv-04149 filed 12/08/2005
Parties: Ricky Raymond, Donal Eubanks, Virginia Lara v. University of Houston (Graduate School of Social Work)
Attorneys: Lionel Mills v. James B Eccles, Asst. Attorney General
Causes: 42:1983 Civil Rights Act, Title VI, Equal Protection, Title IX, 1983 Substantive due process)
Former grad students (class) complaining of discrimination, incl. on basis of disability seeking declaratory and injunctive relief (reinstatement
against UH Graduate School of Social Work Doctoral Program)
Judge: Honorable Sim Lake, presiding
Status: December 15, 2005 Temporary Restraining Order denied by Hon. Sim Lake for lack of likelihood of success of the merits and failure to
show irreparable injury if TRO is not granted; case referred by Judge Sim Lake to Magistrate Judge Nancy K. Johnson 12/08/06. Status
conference before Magistrate set for 12/27/06 10:00 A.M.
UPDATE: The Court dismissed this action on March 26, 2007 for failure to prosecute. Plaintiffs' attorney was ill and failed to participate in
discovery; Plaintiffs failed to hire new counsel after being advised by the court to do so, and being warned that their suit would be dismissed
if they did not diligently pursue it. No new attorney filed an appearance. Defendant's motion for involuntary dismissal granted. Case dismissed
with prejudice.
UPDATE: April 29, 2008 - District Court judgment reversed by the Fifth Circuit, case remanded to trial court for further proceedings.
Scheduling Order entered June 9, 2008

Hutto vs. UH-Victoria - Discrimination / First Amendment Retaliation

Cause No.: 6:05-cv-00070 filed 06/20/05
Nora Hutto v. University of Houston System, University of Houston-Victoria, Diane Prince, Dan Jaeckle, Paul Carlson
Attorneys: Larry Watts v. James Beau Eccles, Assistant Attorney General
Judge: U.S. District Court Judge John D. Rainey
Cause: 42:2000e Job Discrimination (employment)
Status: Scheduling Order entered 10/26/2005; ongoing discovery dispute over untimely expert witness designations and failure to answer,
late service of paper discovery, and depositions.
Update: Motion for summary judgment pending as of June 18, 2008

Vaughn vs. U of H - Discrimination Against Female Professors in Pay

Cause No.: 4:05-cv-02539   filed 7/21/2005
Parties: Sally Vaughn v. University of Houston (History Department, College of Liberal Arts and Social Sciences, CLASS)
Lawyers: Larry W. Watts v. James "Beau" Eccles, Asst AG
Cause: 42:2000e Job Discrimination (sex) (disparity in faculty salaries and inequity in pay raises in the History Department)
Status: Docket Control Order entered 12/06/2005; Second Amended Complaint filed 12/18/06
Order granting extension of time for discovery and dispositive motions signed 12/19/06; docket call for trial set for 7/20/06
Update: Summary judgment granted for defendant by Judge Nancy F. Atlas, District Judge; case closed, costs of $3,887.70 against plaintiff.

Chong vs. UH-Downtown - Tenure Denial

Cause No.: 4:05-cv-03275 filed 9/19/05 (employment discrimination)
P. Pete Chong, Ph.D. v. University of Houston Downtown and Max Castillo, its President [in his individual and official capacity], Molly Woods
Judge: Hon. Kenneth M. Hoyt
Cause: 28:451 Employment Discrimination (race), Section 1983 (due process), Section 1981 Tenure denial case
Attorneys: David T Lopez v. Kathlyn Claire Wilson, Assistant AG
Status: Case stayed (put "on hold") 1/6/2006 to allow plaintiff to satisfy conditions precedent to Title VII claims (file with EEOC)
Case reopened and reinstated on active docket 9/27/06; First Amended Complaint filed 10/25/06; order granting leave to file amended
complaint signed 12/14/06; Defendant's answer filed 12/21/06
Update: Kenneth M. Hoyt, U.S. District Judge granted summary judgment for defendants on May 13, 2008; motion for reconsideration denied
June 11, 2008

DECIDED CASES FROM STATE AND FEDERAL COURTS OF APPEALS

UH APPELLATE CASES WITH LINKS TO OPINIONS

FKM Partnership, Ltd. v. Bd. of Regents of Univ. of Houston System, No. 05-0661 (Tex. Jun 6, 2008)(condemnation of land to enlarge main campus,
eminent domain)

University of Houston v. De Luna, Tex.App.- Houston [1st Dist.] Apr. 12, 2007)

Tooke v. City of Mexia, No. 03-0878 (Tex. June 30, 2006)
Court establishes new precedent for proposition that power to sue and be sued provisions do not by themselves waive sovereign immunity;
Section 111.33 of Texas Education code does not waive University of Houston's sovereign immunity.

Wolfgang Hirczy de Mino v. University of Houston, No. 03-03-00311-CV, 2004 WL 2296131 (Tex.App.–Austin Oct. 14, 2004, pet denied) (mem.
op.) Sovereign Immunity to breach of employment contract claim, no waiver of governmental immunity by statutory sue and be sued language)

Blewett Thomas v. University of Houston, 2005 WL 2902207 (Fifth Cir. Nov. 4, 2005)
Main Brief of Intervenor United States Letter Brief by US
Sovereign immunity in federal court

University of Houston v. Stephen Barth, 2005 WL 1539634 (Tex.App.-Houston 2005)
Univ. of Houston v. Barth, No. 01-04-00828-CV (Houston [1st Dist.] July 18, 2005)
Whistle Blower Act

De Mino v. Achenbaum, (5th Cir. 2005) (not published)
Civil rights plaintiff not entitled to attorney's fees because of pro se status.

David E. Moore v. University of Houston - Clear Lake, 165 S.W.3d 97 (Tex.App.-Houston [14th Dist.] 2005, no pet.)
Whistle Blower Act

S usan Septimus v. University of Houston [Dennis Duffy], 399 F.3d 601 (5th Cir. 2005)
Sex Discrimination, hostile environment (Title VII), jury charge error, causation standard

De Mino v. Sheridan, 176 S.W.3d 359 (Tex. App.-- Houston [1st Dist.] Aug. 12, 2004, no pet.) (interlocutory appeal, plea to the jurisdiction by
public official in official capacity, governmental immunity)

De Mino v. Sheridan, (Tex.App.--Houston [14th Dist.] April 20, 2006, pet denied) (res judicata based on prior federal suit, judicial
communications privilege)

Roy Foley and Nora Hutto v. University of Houston - Victoria, 355 F.3d 333 (5th Cir. 2003)
Foley v. Univ. of Houston Sys. , 324 F.3d 310 (5th Cir. 2003)
First amendment, race discrimination, retaliation

De Mino v. W. Andrew Achenbaum, 81 Fed.Appx. 819 (5th Cir. 2003)
Reinstatement remedy under Section 1983 (prospective injunctive relief) in lieu of contract damages, sovereign immunity, award of costs,
mootness doctrine, joinder

Glenn Freedman and Glenn Goerke v. University of Houston, 110 S.W.2d 504 (Tex.App.–Houston [1st Dist.] 2003, no pet)
Sovereign immunity to breach of contract claims, Declaratory Judgments Act, takings claim

Byrnes v. Univ. of Houston, 507 S.W.2d 815 (Tex. Civ. App.-Houston [14th Dist.] 1974, writ ref'd n.r.e.)

Cameron v. University of Houston, 598 S.W.2d 344 (Tex. App.-Houston [14th Dist.] 1980, writ ref’’d n.r.e.)

Chhim v. University of Houston, 76 S.W.3d 210 (Tex. App.—Texarkana 2002)

Clark v. University of Houston, 60 S.W.3d 206 (Tex. App.--Houston [14th Dist.] 2001)

De Mino v. Achenbaum, 81 Fed.Appx. 819 (5th Cir. 2003); as see De Mino v.(Achenbaum II (5th Cir. 2005)( fee appeal)

De Mino v. Sheridan, 176 S.W.3d 359 (Tex. App.--Houston [1st Dist.] Aug. 12, 2004, no pet.)

De Mino v. Sheridan, (Tex.App.--Houston [14th Dist.] April 20, 2006, pet. denied)

Decker v. Univ. of Houston, 970 F. Supp. 575 (S.D. Tex. 1997), aff’d mem., 159 F.3d 1355 (5th Cir. 1998)

Delaney v. University of Houston, 792 S.W.2d 733 (Tex.App-Houston [14th Dist.] 1990,rev’d on other grounds)

Delaney v. Univ. of Houston, 835 S.W.2d 56 (Tex. 1992)
Delaney v. University of Houston , 835 S.W.2d 56 (Tex.. 1992) (Doggett, J., concurring)

Ehrlich-Bober & Co. v. University of Houston , 49 N.Y.2d 574, 404 N.E.2d 726, 427 N.Y.S.2d 604 (1980)

Fazekas v. University of Houston, 565 S.W.2d 299 (Tex. Civ App.--Houston [1st Dist.] 1978, writ ref’d n.r.e.) cert. denied 440 U.S. 952(1979)

Foley v. Univ. of Houston Sys., 355 F.3d 333 (5th Cir. 2003)
Foley v. Univ. of Houston Sys., 324 F.3d 310 (5th Cir. 2003)
Subsequent history: On remand final judgment entered for defendants pursuant to jury's verdict on 3/31/06; Defendant's bill of costs in the
amount of $6,203.47 approved by court notwithstanding late filing; objection overruled in light of length of litigation and massive amount of
paper

Freedman v. Univ. of Houston, 110 S.W.2d 504 (Tex.App.–Houston [1st Dist.] 2003, no pet)

Gulf Reg'l Educ. Television v. University of Houston, 746 S.W.2d 803, 806 (Tex. App.--Houston [14th Dist.] 1988, writ denied)

Hirczy de Mino v. Univ. of Houston, No. 03-03-00311-CV, 2004 WL 22961 (Tex.App.–Austin Oct. 14, 2004, pet denied)(mem. op.)

Lowery v. University of Houston-Clear Lake, 50 F. Supp. 2d 648 (S.D. Tex. 1999).
Lowery v. University of Houston – Clear Lake, 82 F. Supp. 2d 689 (S.D. Tex. 2000)

Moore v. University of Houston-Clear Lake, 165 S.W.3d 97 (Tex.App.-Houston [14th Dist.] 2005, no pet.)2005 WL 1331231 (Tex.App.-Houston
2005)

Pro-Life Cougars v. University of Houston, 259 F. Supp. 2d 575 (S.D. Tex. 2003)

Septimus v. Univ. of Houston, 399 F.3d 601 (5th Cir. 2005)

Snooks v. University of Houston, Clear Lake, 996 F. Supp. 686 (S.D. Tex. 1998)

Teitel v. University of Houston Bd. of Regents, 285 F. Supp. 2d 865 (S.D.Tex. 2002)

Television Affiliates v. Univ. of Houston , 746 S.W.2d 803 (Tex. App.––Houston [14th Dist.] 1988, writ denied)

Thomas v. Univ. of Houston, 2005 WL 2902207 (Fifth Cir. Nov. 4, 2005) Brief of Intervenor United States
Subsequent history: On remand dismissed per Plaintiff's motion pursuant to agreement of the parties 1/19/2006

Univ. of Houston v. Elthon, 9 S.W.3d 351 (Tex.App.–Houston [14th Dist.] 1999, pet. dism’d w.o.j.)

University of Houston v. Barth, 2005 WL 1539634 (Tex.App.-Houston 2005)
Univ. of Houston v. Barth, No. 01-04-00828-CV (Houston [1st Dist.] July 18, 2005)

University of Houston v. De Luna, Tex.App.- Houston [1st Dist.] Apr. 12, 2007)

Wilkins v. University of Houston, 654 F.2d 388 (5th Cir. Unit A Dec. 1981), vacated, 459 U.S. 809, 103 S. Ct. 34, 74 L. Ed. 2d 47 (1982)).

Yerby v. Univ. of Houston, 230 F.Supp.2d 753 (S.D. Tex. 2002)