Sheriff's Deputy Granted Second Chance to Recover Back Pay

By Sophia Brink

Published on December 05, 2007

Jefferson County Sheriff's Deputy James Van Devender sued the county and Sheriff Mitch Woods in August 2002. After former 58th District Judge James Mehaffy ruled in the county's favor, Van Devender filed for an appeal and was denied.

On Nov. 29, the Texas Ninth Court of Appeals granted Van Devender a new trial. The trial has been remanded back to the 58th district, now presided over by Judge Bob Wortham.

According to the lawsuit, on April 11, 2000 Van Devender was knocked down by an elementary student while supervising a kickball game at Highland Park Elementary School in Nederland. According to his affidavit, the game was part of his D.A.R.E. program responsibilities.

Van Devender returned to work in August 2000. In March 2001, according to his claim, Van Devender was still in pain and had to undergo shoulder surgery in August 2001. An operation on his neck followed a year later.

The Texas Constitution states that county law enforcement officers are entitled to their full salary while “hospitalized or incapacitated” due to an injury received while performing their official duties. The suit claims that after Feb. 28, 2002, Van Devender was denied his full salary, only receiving workers' compensation.

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