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TEXAS DEPT. OF CRIMINAL JUSTICE v. COOKE

No. 03-03-00699-CV.

149 S.W.3d 700 (2004)

TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Appellant, v. Arthur COOKE, Ernest Cortez, Larry Johnson, and DeQuinna Moore, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled July 1, 2004.

Attorney(s) appearing for the Case

Demetri Anastasiadis, Asst. Atty. Gen., Austin, for Appellant.

Leslie L. McCollum, Kevin O'Hanlon, O'Hanlon & Associates, Austin, for Appellees.

Before Justices KIDD, B.A. SMITH and PEMBERTON.

OPINION

BEA ANN SMITH, Justice.

This interlocutory appeal concerns a claim by Larry Johnson that the Texas Department of Criminal Justice discriminated against him because of his race when it denied him a promotion. The Department filed a plea to the jurisdiction, claiming that Johnson had not established a prima facie case because he had presented no evidence to support his allegation that he was qualified for the position he sought. The district...

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