After his departure, city council members allegedly disparaged him, and they ultimately voted to rescind his separation agreement.
A Black city manager for Hutto, Texas, who was allegedly disparaged by members of the city council—which later granted him a severance arrangement but then voted to rescind his separation agreement—met the requirements of Section 1983 but not Section 1981, the Fifth Circuit found. A resolution adopted by the city council rescinding the separation agreement constituted a municipal policy, adopted by a policymaker, that deprived him of his rights under the agreement. Under Section 1981, however, his headcount theory failed, and his cat’s paw claim was incompatible with Monell’s bar on respondeat superior. Remanding, the appeals court found that his claim for attorney fees remained (Jones v. City of Hutto, No. 24-50096 (5th Cir. Oct. 7, 2025)).
First Black city manager. The City of Hutto hired the plaintiff as its first Black city manager in 2016. He worked closely with the seven elected members of the city council. During the period at issue, the city, which is a neighbor of Austin, was impacted by that larger city’s growth.
Rift concerning “growth.” This caused a rift in local politics between the “pro-growth” and “anti-growth” factions. The “pro-growth” faction wanted to attract development and businesses, but the “anti-growth” faction was concerned that development would affect the city’s culture and infrastructure.
“Pro-growth.” The city...
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