TRAVIS COUNTY — On Tuesday, Catherine Mauzy of the 53rd District Court in Travis County ruled that the lawsuit filed by former Assistant District Attorney Jerry Phillips against current 83rd District Attorney Ori White should be narrowed in scope. Previously, Phillips’ suit was targeted at White both as an individual and as the head of the 83rd District Attorney’s office — Mauzy ruled that the suit against Ori White the individual should be dismissed, and continue solely against Ori White as head of the DA’s office.
“It is therefore ordered that Plaintiff’s claims against Ori White individually are dismissed and that Plaintiff’s causes of action for wrongful termination, intentional infliction of emotion [sic] distress, and implied contract are dismissed,” Mauzy wrote.
Phillips brought a civil lawsuit against White in August of 2021, claiming he had been wrongfully terminated from the DA’s office for whistleblowing after attempting to report improper and possibly illegal activity within the office. The sweeping lawsuit contains accusations of cronyism and improper termination, and alleges that Phillips suffered retaliation for objecting to and refusing to commit improper or illegal acts. White has denied the allegations and has called the lawsuit “false.”
Phillips filed suit in August 2021 under the Texas Whistleblower Act, which provides certain protections for individuals who hope to report incidents of corruption. Privileges include an exemption from typical venue constraints — suits do not have to be carried out in court in the location where the alleged events occurred. Phillips had originally set out to sue the counties represented by the 83rd District Attorney, but filed to nonsuit the counties in order to ensure that the lawsuit was carried out in Travis County and received by an impartial court.
Judge Mauzy’s latest motion for summary judgment also addressed a concern that had been brought up by White’s legal counsel: Phillips filed suit on August 27, 2021, and had been terminated on May 28, 2021. The Texas Whistleblower Act protects individuals who file within 90 days, and White’s counsel argued that Phillips had waited 91 days — or more, depending on how the “triggering event” for the lawsuit was interpreted. Mauzy’s court found that Phillip’s suit was “timely filed.”
Jodi Cole, one half of Phillip’s legal team, chalked the timeline problem up to the special rules that accompany filing suit as a whistleblower in Texas. “There’s this provision that requires entities to post a notification that this lawsuit exists and that it can be filed within 90 days,” she explained. “If we had seen that we would have known to file it earlier. This was an unexpected event, and we are grateful that this whistleblower provision is available.”
All in all, Phillips’ team was encouraged by the judge’s latest ruling. “We are pleased with the judge’s ruling and look forward to getting our case in front of a jury as soon as possible,” said Jaime Escuder, who represents Phillips alongside Cole.
Representatives for Ori White did not respond to requests for comment by press time.