United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED August 17, 2021 No. 20-50501 Lyle W. Cayce Clerk

United Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied Industrial and Service Workers International Union; United Steel Workers International Union; Bexar County Probation Officers Association United Steelworkers Local 9528; Trisha Cantu, as next friend of J.M.C., a minor; Emily Ann Caroline Castilleja,

Plaintiffs—Appellants,

versus

Jarvis Anderson; Brian Brady,

Defendants—Appellees.

Appeal from the United States District Court for the Western District of Texas USDC No. 5:17-CV-1242

Before Jolly, Duncan, and Oldham, Circuit Judges. Stuart Kyle Duncan, Circuit Judge: Sergio Castilleja’s children and various unions appeal the summary judgment dismissal of their claims that Castilleja was fired for engaging in union-related activities in violation of the First Amendment, the Equal Protection Clause, and Texas law. We affirm. Case: 20-50501 Document: 00515981597 Page: 2 Date Filed: 08/17/2021

No. 20-50501

I. Background A. Facts Castilleja spent fifteen years as a community service officer (“CSO”), or probation officer, for the Bexar County Community Supervision and Corrections Department (“CSCD”).1 His career was marked by multiple reprimands and termination warnings. When the events at issue here took place, Castilleja was on “zero tolerance,” meaning he could be immediately fired for any infraction of CSCD policies. After Castilleja was transferred in December 2014, his new manager, John Escalante, suspected Castilleja was violating overtime rules. An investigation by Assistant Chief Sloane Kelly confirmed that was true: Castilleja was routinely taking unapproved overtime and using his work computer to send union-related emails. Although she recommended to Chief Jarvis Anderson that he be fired, Castilleja only received counseling and was put on a “performance improvement plan” in April 2015. In Castilleja’s October 2015 evaluation, Escalante rated him “satisfactory” overall but gave him the lowest rating in multiple categories, including “[f]ollow[ing] departmental policies and procedures,” and noted numerous areas needing improvement, including the key area of reporting probationers’ violations to the court. Still, Escalante praised Castilleja’s work and described him as “experienced, wise, intelligent, and knowledgeable” and “an asset.” On January 28, 2016, Castilleja was sworn in as president of the Bexar County Probation Officers Association (“BCPOA”). 2 According to

1 Castilleja passed away during the litigation. The district court allowed substitution of Emily Ann Caroline Castilleja, Castilleja’s adult daughter, and Trisha Cantu, as next friend of Castilleja’s minor daughter. We continue to refer to the plaintiff- appellant as Castilleja. 2 He had served in the BCPOA since 2007.

2 Case: 20-50501