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Davila v. Flores12/2/1999
rs that Davila wrote to the Commission's employee grievance administrator and to Flores himself, mentioning the alleged incidents of abusive conduct by Flores against the youth.
There is no question that Davila and Steen had the right to gather information and investigate the allegations of wrongdoing. Nor do we here address any claims arising out of their decision to terminate or reassign Flores. We are solely concerned in the present appeal with Flores' allegation that, in the process of that investigation and recommended termination, Davila and Steen wrongfully disseminated information about the allegations to others.
Davila and Steen supported their motion for summary judgment with their own affidavits, by which each stated that they gathered and disseminated information concerning the incident in a fair and just manner and without any ill will, spite, or malice toward Flores. Specifically, after detailing his duties and the investigation of the report of misconduct against Flores, Steen stated in his affidavit that:
I considered all information provided to me about Eric Flores to have been received by me in my official capacity as Regional Superintendent for Evins Juvenile Detention Center. I categorically deny that I ever acted upon any individual motive. At all times, I acted as an official of the Texas Youth Commission, more specifically, as the Regional Superintendent assigned to the Evins Regional Juvenile Center. Recognizing that information concerning Eric Flores had come to me which could involve the violation of the rights of the youth, J.L., I did not consider that I had any other choice than to act according to my duties and responsibilities as Regional Superintendent, to advise the Youth Rights Division of TYC. With that duty in mind that I contacted the Youth Rights Division and thereafter participated in the process of investigating the matter, all in accordance with what I understood to be my responsibility as Regional Superintendent. Although at times there may have been no exactly specific procedure known to me for such things as taking notes of interviews and the order in which interviews may have been conducted, I pursued gathering and disseminating information as best as I could determine would be just and fair to all parties involved, including the youth who were served at Evins Regional Detention Center. I notified those who I did of such information and I made such recommendations as I did after due consideration of the information and with my best judgment as to what would be fair and just to all interests. Based upon my best understanding of the information which was gathered and the findings which were made, and based upon my best judgment of the interests to be served and protected under the circumstances, including the budgetary concerns facing the Campus at the time, I made such recommendations concerning Eric Flores, for his suspension and for reinstating him to the
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