Garcia v. State of Texas et al

Filing 152

ORDER Denying 149 Motion for Reconsideration.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
DENISE GARCIA,
Plaintiff,
v.
HARRIS COUNTY, et al.,
Defendants.

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December 20, 2018
David J. Bradley, Clerk

CIVIL ACTION H-16-2134

ORDER
Pending before the court is defendant Harris County’s motion for reconsideration. Dkt. 149.
Plaintiff Denise Garcia responded. Dkt. 151. Having considered the motion, response, and
applicable law, the court is of the opinion that the motion should be DENIED.
“[A] motion to alter or amend the judgment under Rule 59(e) ‘must clearly establish either
a manifest error of law or fact or must present newly discovered evidence.’” Rosenzweig v. Azurix
Corp., 332 F.3d 854, 863 (5th Cir. 2003) (quoting Simon v. United States, 891 F.2d 1154, 1159 (5th
Cir. 1990)). Harris County does not argue that the court’s prior judgment rests on a manifest error
of law or fact. Harris County also does not present newly discovered evidence. Instead, Harris
County reframes its argument in an attempt to correct legal errors in its own prior briefing. Dkt. 149.
Thus, Harris County’s motion does not warrant Rule 59(e) relief.
Moreover, even considering Harris County’s new argument, a genuine issue of material fact
still exists as to District Attorney Devon Anderson’s knowledge of Garcia’s protected speech at the
time Garcia was fired. See Dkt. 143 at 2–3. This prevents a finding as a matter of law that Garcia’s
firing was not pretextual. See Envtl. Conservation Org. v. City of Dallas, 529 F.3d 519, 524 (5th

Cir. 2008) (holding that the court must draw all justifiable inferences in favor of the non-movant).
Thus, Harris County’s motion for reconsideration (Dkt. 149) is DENIED.
Signed at Houston, Texas on December 20, 2018.

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Gray H. Miller
United States District Judge

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