Opinion
CIVIL ACTION NO. 5:99cv190
August 7, 2000
MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Plaintiff filed this civil rights suit pursuant to 28 U.S.C. § 2201, 42 U.S.C. § 1983, and various state statutes.
The Court heretofore referred this matter to the Honorable Caroline Malone, United States Magistrate Judge, at Texarkana, Texas, for all pretrial matters, pursuant to applicable laws and orders of this Court. The Court has received and considered the Report of the United States Magistrate Judge filed pursuant to such order, along with the record, complaint, amended complaint and all available evidence. The Plaintiff submitted objections to the Magistrate Judge's report and the Defendants have replied to those objections. This requires de novo review of the objections in relation to the pleadings and the applicable law. See Fed.R.Civ.P. 72(b).
The Magistrate Judge correctly held that the factual findings of the Independent Hearing Officer are applicable to this suit. Those factual findings, namely that the Texarkana Independent School District had good cause to terminate Plaintiffs employment because she endangered the health and safety of children in her care, collaterally estop Plaintiff from challenging her termination in this Court. The fact the Independent Hearing Officer failed to specifically address Plaintiffs constitutional claims is of no moment. The factual findings of the hearing officer are entitled to collateral estoppel effect as the hearing officer was acting in a judicial capacity on behalf of the Texas Commissioner of Education.
Plaintiffs objections to the "Due Process" portion of the Magistrate Judge's recommendation make no new arguments. Plaintiff also objects to the footnote 4 of the recommendation wherein the Magistrate Judge finds that the Independent Hearing Officer's finding of endangerment of the health and safety of children in Plaintiffs care breaks any chain of causation between her protected speech and her termination. The shifting burden of proof discussed by Plaintiff is of no issue in this case as it is established as a factual matter Plaintiff endangered the health and safety of her students. Such factual finding is fatal to Plaintiffs claims. Her objections have no merit.
Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are correct and the Report of the Magistrate Judge is ADOPTED. A final judgment will be entered in this case in accordance with the Magistrate Judge's recommendations.
IT IS THEREFORE ORDERED
FINAL JUDGMENT
This action came on before the Court, Honorable David Folsom, District Judge, presiding, and the issues having been duly considered and a decision having been duly rendered, it is
ORDERED and ADJUDGED that Plaintiff take nothing, and this lawsuit is DISMISSED with prejudice. All motions by either party not previously ruled on are hereby DENIED.