Case Background
Two Black officers with the Texas Department of Public Safety filed a federal lawsuit in December 2020 against their employer, alleging years of racial discrimination, harassment, and retaliation at the agency. The case went to trial in the United States District Court for the Western District of Texas, Austin Division.
Cause
Plaintiffs Jari McPherson and Jerald Sams brought the case under Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating against employees based on race. Both men claimed the Texas Department of Public Safety subjected them to a racially hostile work environment, passed them over for career opportunities, and punished them after they complained about the discrimination they experienced.
Injury
McPherson, who served as a commissioned officer with the agency for more than 18 years, said supervisors placed him in an all-minority unit after his transfer to Austin, denied him a spot on the career-enhancing 7C2 Counter Surveillance Unit and gave that position to a less qualified White colleague instead, and stripped him of his agency-assigned vehicle in January 2020. He also reported that a White lieutenant supervising one of the all-White Austin units circulated photographs of himself wearing a Hitler mustache and another image of two black socks with the inscription "Black Socks Matter," mocking the Black Lives Matter movement. McPherson learned of this through a co-worker.
Sams, who served the agency for more than 26 years, said supervisors demoted him in October 2017 after falsely accusing him of overworking White officers, even though he held no supervisory authority at the time. In July 2018, his captain photographed him while he trimmed a horse's hooves and then read aloud a friend's response to the image, which stated the friend had never seen a Black man doing that before. Sams applied for a Sergeant position in the Mounted Unit in September 2018 and was not selected. A White male with less seniority received the role instead. When the same position opened again in July 2019, the agency restructured the hiring process to allow transfers only, which effectively blocked Sams from applying again.
Damages Sought
The Plaintiffs asked the Court to order the agency to promote Sams to the Sergeant position in the Mounted Unit and to restore McPherson's use of a department vehicle. They also sought back pay, future lost wages, overtime compensation, noneconomic damages, attorney's fees, and pre- and post-judgment interest.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Jari McPherson and Jerald Sams
· Counsel for Plaintiff(s): Robert Notzon | Joseph F. Lucas, I | Leonard Mungo | Margaret K. Schulman
Defendant(s): Texas Department of Public Safety
· Counsel for Defendant(s): Francesca A. Di Troia | Drew L. Harris | Allison M. Collins | Jordan Paige Woody
Key Arguments or Remarks by Counsel
The Plaintiffs argued that the Texas Department of Public Safety maintained a pattern of discriminating against Black officers and other minorities. They said the agency rewarded White employees with promotions, desirable assignments, and career support while holding Black officers back, disciplining them more harshly, and retaliating against them whenever they raised complaints.
The defense denied each of the Plaintiffs' core claims. The Texas Attorney General's office argued that all employment decisions involving McPherson and Sams were made for legitimate, non-discriminatory reasons. The defense also contended that the Plaintiffs failed to exhaust administrative remedies before filing, that certain claims fell outside the applicable statute of limitations, and that the Plaintiffs themselves contributed to any harm they experienced. The defense further argued that the agency acted in good faith and without malice.
Claims
Race Discrimination
Both Plaintiffs claimed the agency treated them less favorably than their White colleagues in compensation, job assignments, disciplinary actions, and opportunities for advancement, all because of their race.
Retaliation
McPherson and Sams said the agency retaliated against them after they reported discriminatory treatment. The retaliation included unfair performance reviews, denial of promotions, removal of career-enhancing assignments, and the taking away of McPherson's vehicle benefit.
Racial Harassment and Hostile Work Environment
Both men claimed supervisors and colleagues subjected them to racially demeaning comments and conduct that created a hostile workplace. This included a commander's remark to Sams about the perception of having so many African Americans on the Mounted Unit, the photograph incident where Sams's captain read aloud a racially demeaning comment, and the circulation of racially offensive images that McPherson learned about through a co-worker.
Failure to Promote
Sams specifically alleged that the agency denied him the Sergeant position twice — first in October 2018, when a less qualified White male received the role, and again in July 2019, when the agency changed the posting to a transfer-only process that shut Sams out entirely.
Failure to Promote as Retaliation
Sams also argued that both promotion denials were acts of retaliation by the agency in response to his complaints against Captain Jeremiah Richards, who he said interfered with his applications.
Defense
The Texas Department of Public Safety denied most of the factual allegations. It admitted that Sams applied for the Sergeant position and was not selected, that the agency's inspector general investigated and did not sustain several of Sams's complaints, and that McPherson transferred from the Temple location to Austin. The agency maintained that all of its actions were appropriate, lawful, and supported by legitimate business or governmental reasons.
Jury Verdict
The jury returned a unanimous verdict on January 29, 2026, in favor of the Plaintiffs on most claims.
On Sams's race discrimination claim related to the 2018 Sergeant promotion, the jury found against him, determining that race was not the reason he was denied that position.
On McPherson's retaliation claims, the jury found that the agency denied him assignment to the 7C2 Counter Surveillance Unit and took away his state-issued vehicle because he complained about race discrimination.
On the racial harassment claims, the jury found that both Sams and McPherson proved the agency harassed them because of their race. The jury also found that the agency knew, or reasonably should have known, about the harassment directed at both men and failed to take prompt corrective action in either case.
On damages, the jury awarded Sams nothing for economic losses tied to his back pay claim covering October 1, 2018, through his retirement on February 29, 2024. However, it awarded him $300,000 for past emotional pain, suffering, mental anguish, and loss of enjoyment of life, and $575,000 for the same categories on a future basis, bringing his total award to $875,000.
For McPherson, the jury awarded $62,600 in economic losses for the denial of his state-issued vehicle from May 2020 through January 2024. It also awarded him $200,000 for past emotional pain and suffering and $525,000 for future emotional pain and suffering, bringing his total to $787,600.
Combined, the jury awarded the two Plaintiffs $1,662,600 in damages.
Court documents are available upon request at [email protected]
