Thomas Gibbs Gee
Judge Gee no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Gee decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Treats a defendant's exercise of the constitutional right to plead not guilty as beyond the reach of credibility impeachment.
“Owens had a constitutional right to plead not guilty and should not be penalized for exercising that right.”
Follows an intermediate state appellate court on a question of state law absent a strong signal the state's highest court would rule otherwise.
“A decision of the Court of Civil Appeals is controlling on questions of state law in this court, absent strong indication that the Texas Supreme Court would decide the issue differently.”
Procedural preferences
Ordinarily declines to consider a claim or record item raised for the first time in a petition for rehearing.
“It is our well-settled practice to decline to consider claims raised for the first time in a petition for rehearing.”
Applies the rule of orderliness: a panel is bound by earlier circuit precedent until the en banc court or the Supreme Court changes it.
“As a panel of our Court, we are bound to follow that law until the Supreme Court or our Court, sitting en banc, changes it.”
Cautions
Holds that qualified immunity does not shield a supervisor from Title VII backpay, because such liability attaches only in an official capacity.
“Because the doctrine of qualified immunity protects a public official from liability for money damages in her individual capacity only, the doctrine is inapplicable in the Title VII context.”
Applies res judicata to bar claim-splitting where the omitted claim arose from the same transaction and could have been raised earlier.
“Slaughter could, and should, have brought her ERISA claim in Slaughter I.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The order of the district court is AFFIRMED.”
“we vacate our former judgment approving class certification and reversing the court’s finding of no discrimination, vacate the lower court’s findings on these issues, and remand the cause to that court for such further proceedings regarding these issues as it shall think fit.”
“REMANDED.”
A historical record
Judge Gee no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.