“He also offered evidence of a history of positive performance reviews, as well as the testimony of Major Robinson … Haverda highlights that the demotion memorandum does not explain how his performance was weaker than that of the other Jail Command Staff members, and that Sheriff Cutler could not explain this distinction during his deposition.  A reasonable jury could consider this evidence, along with Haverda’s other evidence, and find that Appellees failed to show that they would have terminated Haverda in the absence of the protected speech.”

Haverda v. Hays Co., 723 S.W.3d 586, 598 (5th Cir. July 17, 2013) (Martinez, J.).