Butler v. Harris County Texas ( 1997 )

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 96-20434
Summary Calendar
_____________________
RICHARD BUTLER,
Plaintiff-Appellant,
versus
HARRIS COUNTY, TEXAS; HARRIS COUNTY JUVENILE
PROBATION DEPARTMENT,
Defendants-Appellees.
_________________________________________________________________
Appeal from the United States District Court
for the Southern District of Texas
(CA-H-94-2476)
_________________________________________________________________
August 26, 1997
Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Richard Butler appeals from the judgment as a matter of law in
favor of Harris County and his former employer, the Harris County
Juvenile Probation Department, on his claim that, for filing a
grievance reporting suspected violations of the law, he was
discharged in violation of the Texas Whistleblower’s Act.
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
Butler did not satisfy his burden of providing a complete
transcript of the trial. See Great Plains Equipment, Inc. v. Koch
Gathering Systems, Inc., 45 F.3d 962, 965-66 (5th Cir. 1995).
Nevertheless, we have reviewed the portions provided, along with
the briefs and the remainder of the record, and conclude that no
reasonable juror could have found either that Butler was discharged
because he reported, in good faith, a suspected violation of law,
or that he would not have been terminated had he not filed a
grievance. See FED. R. CIV. P. 50(a); Conkling v. Turner, 18 F.3d
1285, 1300 (5th Cir. 1994).
Accordingly, the district court did not err by setting aside
the jury verdict in favor of Butler and granting the defendants’
motion for judgment as a matter of law. Butler v. Harris County,
et al., No. CA-H-94-2476 (S.D. Tex. Apr. 2, 1996) (unpublished).
AFFIRMED
- 2 -