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Hays County case against Texas State will proceed after judge rejects dismissal bid
A Hays County judge denied Texas State University’s challenge to a lawsuit by former tenured professor Thomas Alter II, who says the university violated his tenure rights when it fired him. The case now moves toward an Oct. 22 hearing on Alter’s request for temporary court protection.
A Hays County district judge has rejected Texas State University’s bid to limit a lawsuit brought by former professor Thomas Alter II, leaving his claims against the university moving forward.
Judge Alicia Key denied the university’s plea to the court’s jurisdiction on Sept. 21, after attorneys for both sides argued the motion Aug. 27. Texas State sought to remove reinstatement as a possible remedy and to dismiss university President Kelly Damphousse and Provost Pranesh Aswath from the case, according to the Texas State Employees Union.
Alter, a tenured professor whose academic work focused on working-class history and social movements, was first fired on Sept. 10, 2025, after speaking at a virtual socialist conference. He said he spoke as a private citizen, not as a university employee. Damphousse said at the time that Alter’s remarks amounted to “inciting violence” and “serious professional and personal misconduct.”
Alter sued the university in Hays County court on Sept. 18, 2025. His attorney argued that the remarks were taken out of context, that Texas State violated state tenure laws and that university officials acted under political pressure.
The court previously issued a temporary restraining order that allowed Alter to return to work while Texas State carried out its due-process procedures for tenured faculty. The university fired him again on Oct. 13, 2025. Alter said the following day that the charges against him did not match the facts and that he looked forward to court.
A plea to the jurisdiction challenges whether a lawsuit can be heard against a defendant or in a particular court. Such motions by state entities can include claims of sovereign immunity. The denial does not resolve the underlying dispute over Alter’s firing.
The next scheduled hearing is Oct. 22, when the court is expected to consider another request by Alter for a temporary restraining order against Texas State.