City Of Midland v. O'bryant

18 S.W.3d 209 (2000)

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Nature of the Case

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Facts

Ps are present or former D police officers. D notified Ps that their duties were slated to be reclassified as civilian positions within three months. Each P was given the option of applying for a transfer to another position within the police department and continuing in the status of police officer or being reclassified losing pay and benefits or applying for a transfer to a civilian position in other D departments. D also required its police officers to demonstrate greater physical abilities than it had in the past. A few months after reclassifications took effect, Ps brought this suit against D. In part Ps alleged breach of the duty of good faith and fair dealing, tortious interference with contract, and violations of the due course of law and free speech provisions of the Texas Constitution. D moved for summary judgment asserting official and sovereign immunity, and that an implied duty of good faith and fair dealing does not arise in an employment agreement. The trial court granted summary judgment on all claims without specifying the grounds. Ps appealed. The court of appeals affirmed in part, reversed in part, and vacated the trial court's judgment in part. In part, the court of appeals reversed the trial court's judgment with regard to Ps' claim that D had breached a duty of good faith and fair dealing. The court reasoned that D had failed to negate that it owed such a duty to Ps. D appealed.