While the facts of this case may indicate that the resident would not have prevailed in any case, certainly his actions, as the court indicates, did not result in protected behavior. You can't just start a shouting match; you've got to follow the rules. In a decision dated April 20, 2010, this University of Texas Health Science Center at Houston resident found out the hard way.
Laws, Life, and Legal Matters - Court Cases and Legal Information at Leagle.com - All Federal and State Appeals Court Cases in One Search
Laws, Life, and Legal Matters - Court Cases and Legal Information at Leagle.com - All Federal and State Appeals Court Cases in One Search
Gollas did not do anything that is protected by the statute. His principal means for reporting what he saw was by provoking an altercation with Arroyo in the emergency center. Gollas could have followed hospital procedure and made a proper complaint in writing; instead, vented his anger at Arroyo. That act does not underlie a claim for retaliation.

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