CORPUS CHRISTI, TX — Many are saying Sept. 29, 2023 will be remembered in history as a huge win for veterans with service-related disabilities.
In less than two hours, jurors in the Torres v. Texas Department of Public Safety (DPS) case reached a verdict on Friday afternoon. They favored arguments for the Robstown resident and Iraq veteran, Le Roy Torres.
The trial process started on Monday with jury selection. On Tuesday, opening statements were given and witness testimony began.
On the final day of trial on Friday, jurors were left with two questions they had to answer after the judge gave his instruction:
Question 1: Did the Texas Department of Public Safety fail to make reasonable efforts to accommodate Le Roy Torres' service-related disability from the period of his accommodation request on October 25, 2011 until his resignation on August 6, 2012?
(Question 2 did not apply if the answer was "no."
Question 2: What amount of money in wages and benefits do you find the Plaintiff Le Roy Torres is owed from the failure to accommodate his service-related disability?
They unanimously answered "Yes" to question 1 and agreed on an amount of $2,490,662.89. The sum considers lost wages in salaries, benefits, and retirement.
"There were steps that should've been taken and in fact required to be taken under federal law that we sued under and DPS simply didn't do those," Brian Lawlor, the Plaintiff's attorney with Pilot Law said "I hope the public knows that justice was served."
The verdict brought tears of joy and emotional relief as soon as Torres and his loved ones stepped out of the courtroom.
The win was a long time coming for the veteran. His legal battle began in 2017.
Torres sued DPS in Texas state court under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), a federal statute that prohibits employment discrimination on the basis of a person’s military service. USERRA authorizes actions in state courts against the states in their capacity as employers.
An unfavorable verdict in the 2017 case lead Torres to a fight in the United States Supreme Court.
Prior to Torres legal battle up the chain of the justice system, the state of Texas had sovereign immunity for claims arising under USERRA.
A majority of justices sided with him on June of 2022. They wrote that states do not have immunity from private lawsuits by veterans under USERRA. The decision remanded the case for further proceedings, which brought Torres back to the courtroom in 2023.
"They weren't allowed to even bring lawsuits like this until Mr. Torres kept fighting and now they can. " attorney Stephen Chapman, another member of Torres' legal team said. "Now these disabled veterans are able to assert their rights in the State of Texas as it always should've been."
DPS lawyers argued that the agencies transferred Torres to other positions within administration that didn't put his health at risk. Torres was also able to keep his pay and rank during his clerical jobs.
However, the plaintiff's lawyers provided evidence which he aimed to show that he requested permanent accommodation twice after he found out about his military-related medical condition. They said Torres did not receive communication about the status of his request.
"They did for a period of time make periodic temporary accommodations but Mr. Torres specifically asked for a permanent accommodation because his condition, as you've recently seen, is permanent it's not getting any better. And at some point DPS just stopped working on his case," Lawlor explained.
Torres suffers from permanent lung damage after exposure to burn pits during his time serving in Iraq. He was a trooper with DPS prior to his deployment.
When he retired from military service he returned to work for DPS and later found out about his medical condition. Torres requests for accommodation came as he was receiving medical treatment. His lawyers said he eventually ran out of paid leave and it forced him to consider options like retirement when he didn't hear from his leaders about permanent accommodations.
Torres claimed he was later pressured to resign after his request for medical retirement in August of 2012.
More than a decade later, Torres now hopes to put the legal battle behind him. He's hoping to focus on taking care of his health and continue helping veterans with his non-profit organization, Burn Pits 360.
"At times life can be difficult but if you believe in something and it's for justice, there is a god that sees all things. And it may not be at our timeline but for his timeline eventually as long as you have the strength to do it and wake up again you'll be victorious," Torres said to KRIS 6 News.
KRIS 6 News tried calling DPS for comment but there has been no response. KRIS 6 News also tried getting a comment at the Nueces County Courthouse, but was referred back to the Austin headquarters.
