Lowell, et al. v. Baytown, et al. (Other)
Annotate this CaseFirefighters for the City of Baytown sued the City claiming that it improperly calculated pay for certain assignments in violation of the Firefighter and Police Civil Services Act. Here, the firefighters' claims for back pay and related damages for improper calculation of pay for assignments performed in the past were the type of retrospective relief that the court held barred by governmental immunity in City of El Paso v. Heinrich and City of Houston v. Williams. In Heinrich, the court noted however, that the Legislature could authorize retrospective relief. The firefighters asserted that the Legislature had done so with Local Government Code sections 271.151-.160, enacted during the pendency of this appeal. In addition to remanding to permit the firefighters to replead in light of Chapter 271, the court also remanded to permit the firefighters to replead in light of Heinrich and seek appropriate relief, if any, against the relevant city officials.
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