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HORVATH v. CITY OF LEANDER

No. 18-51011.

946 F.3d 787 (2020)

Brett HORVATH, Plaintiff-Appellant v. CITY OF LEANDER, Texas; Bill Gardner, Fire Chief, in his official and individual capacities, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

REVISED January 13, 2020.

Attorney(s) appearing for the Case

Matthew Bradley Bachop , Deats Durst & Owen, P.L.L.C., Austin, TX, for Plaintiff-Appellant.

Joanna Lippman Salinas, Esq. , Fletcher, Farley, Shipman & Salinas, L.L.P., Austin, TX, for CITY OF LEANDER, TEXAS, BILL GARDNER, Fire Chief, in his official and individual capacities Defendants-Appellees.

Before HIGGINBOTHAM, DENNIS, and HO, Circuit Judges.

Brett Horvath was employed as a driver/pump operator by the City of Leander Fire Department. In 2016, the Fire Department began requiring TDAP vaccinations, to which Horvath objected on religious grounds. He was given a choice between two accommodations: transfer to a code enforcement job that did not require a vaccination...

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