A Travis County judge ruled Friday that the Texas Office of the Attorney General (OAG) unlawfully fired four former employees after they reported alleged misconduct by Attorney General Ken Paxton to federal authorities. The ruling awards the whistleblowers $6.67 million in damages—double the amount proposed in a previously rejected 2022 settlement.
The plaintiffs—Blake Brickman, David Maxwell, Ryan Vassar, and Mark Penley—were among seven top aides who in 2020 accused Paxton of corruption and abuse of office, reporting their concerns to the FBI. Not long after, they were terminated from their positions at the OAG.
Their dismissal led to a whistleblower lawsuit under the Texas Whistleblower Act, which prohibits retaliation against state employees who report illegal conduct to law enforcement. On Friday, District Judge Catherine Mauzy found in favor of the plaintiffs, writing that the firings occurred “within 90 days of their reports” and were “in violation of the Texas Whistleblower Act.”
“Plaintiffs made their reports to law enforcement in good faith,” Mauzy wrote in the judgment, noting that reinstating the plaintiffs was “not feasible.” Instead, they were awarded “front pay”—wages they would have earned if not terminated—as part of the damages package. The judgment also includes 7.5 percent interest and additional compensation if the state appeals.
The ruling follows years of legal wrangling. In 2022, the OAG and the plaintiffs reached a $3.3 million settlement. However, the Texas House of Representatives refused to approve the payment, instead launching an investigation that culminated in Paxton’s impeachment. Though the Texas Senate later acquitted him of all charges, the underlying whistleblower case remained unresolved.
After the Texas Supreme Court declined to take up the case but halted planned depositions of Paxton and his senior staff, the OAG chose to concede the facts of the case, effectively admitting the plaintiffs were wrongfully terminated. This move allowed the trial court to resume and issue a judgment without further testimony.
“After litigating for more than four years due to OAG's many delay tactics, Ken Paxton finally admitted to breaking the law to avoid being questioned under oath,” said attorneys representing Brickman and Maxwell. “It should shock all Texans that their chief law enforcement officer admitted to violating the law.”
The attorneys urged the Texas Legislature to approve funding for the judgment. “Now the Texas Legislature needs to do the honorable thing and fund the judgment so these brave public servants can be compensated for the lost pay and damages they suffered.”
Paxton responded swiftly, denouncing the ruling as politically motivated. “Now a liberal Austin judge wants the people of Texas to pay even more for the Phelan/Biden corrupt impeachment scheme,” Paxton said, referencing former Texas House Speaker Dade Phelan and President Joe Biden. “We will appeal this bogus ruling.”
That appeal will be heard by the newly created 15th Court of Appeals, specifically established to hear cases involving the State of Texas and its agencies.
Meanwhile, the Associated Press reported last week that the Department of Justice has closed its years-long federal corruption probe into Paxton without filing charges.
