Update on Lawsuit Against Texas Military Department Retaliatory Firing of Computer Programmer Over Protected Political Speech

National Guard Bureau Inspector General Refers Complaint to Texas National Guard Inspector General Office

In addition to the lawsuit, John Gately filed a complaint with the Department of Defense Inspector General. After a preliminary review of Gately's charges, the National Guard Bureau Inspector General determined the matter falls under the jurisdiction of the Texas National Guard Inspector General Office and officially referred the case to them under Army Regulation 20-1.

MSgt David E. Eichaker of the National Guard Bureau Inspector General (NGB-IG) responded to Gately’s submission to the Department of Defense Inspector General (DoD IG). 

Gately’s lawsuit alleges that "Higher Ups" directed his termination after he refused to censor a personal press release about a political candidate.

Highlights of Recent Federal Court Order in Gately’s Lawsuit

First Amendment Retaliation Claim Validated: The federal court explicitly ruled that Gately adequately pleaded all four legal elements required to establish a First Amendment retaliation claim under 42 U.S.C. § 1983.

Core Political Speech Recognized: The judge affirmed that Gately’s statements regarding a local political election fell "squarely into the 'public concern' bucket," emphasizing that his comments as Republican Precinct Chair represented core political speech in which he maintained a powerful constitutional interest.

Presumption in Favor of Free Speech: The court applied the Pickering balancing test and determined that Gately’s interest in speaking about a public election outweighed the department’s interest in suppressing the speech. The court rejected TMD’s claim that the speech disrupted workplace "harmony," noting that Gately's political release relied entirely on publicly available sources.

Reinstatement Remedy Preserved: While sovereign immunity limits certain retrospective claims, the court confirmed that a state official's continued refusal to re-employ an individual following a retaliatory discharge constitutes an ongoing constitutional violation under Ex parte Young. Consequently, Gately's claim for prospective reinstatement remains fully intact.

Background on John Gately’s lawsuit against Texas Military Department

Gately, a ten-year employee and computer programmer for the Texas Military Department (TMD) and a Master Sergeant in the Texas State Guard, filed a federal lawsuit on June 2, 2026, in the United States District Court for the Western District of Texas. The complaint (Case No. 26-1480) alleges that Gately was wrongfully terminated in violation of his First Amendment rights after refusing to remove a political press release he authored in his personal capacity as a Republican Precinct Chair. David Sergi and Jessica Cousineau of Sergi & Associates of San Marcos, TX, filed the lawsuit.

The lawsuit names Major General Thomas M. Suelzer, Adjutant General of Texas; Mike W. Gorby, Executive Director of the Office of State Administration; John Doe(s; and the State of Texas as defendants.

According to the lawsuit, Gately has an outstanding employment record with multiple commendations over more than a decade of service and was sworn in as Republican Precinct Chair for Precinct 338 in January 2026. On March 12, 2026, acting in his capacity as Precinct Chair, Gately published a press release about Round Rock, TX, mayoral candidate Kelly Hall. The press release discussed Hall's service record and claims regarding his discharge from the Texas State Guard.

The lawsuit says shortly after the press release was posted online, Gately’s TMD supervisors, acting on instructions from "higher-ups," repeatedly directed him to remove the post. Despite confirmation from the TMD Government Affairs Office that his speech was protected under the First Amendment, Gately was told that refusing to comply would result in his termination. On March 19, 2026, Gately was fired.

"This is a clear-cut case of government overreach and a blatant violation of the most fundamental right guaranteed to every American," said David K. Sergi, lead attorney for Gately. "John was speaking as a private citizen about a significant public concern. The Texas Military Department cannot use its power as an employer to silence political discourse or punish employees for exercising their constitutional rights outside of the workplace."

Throughout his career, Gately received dozens of awards, including the Texas Outstanding Service Medal six times and the Texas Medal of Merit five times. His performance reviews consistently indicated that he "Exceeded Job Expectations."

The lawsuit seeks a declaratory judgment that the termination was unconstitutional, as well as reinstatement, back pay, and compensatory damages for emotional distress and reputational harm.

"Political liberty is the bedrock of our democracy," Sergi continued. "When a state agency fires a model employee because they don't like his personal political speech, it threatens the rights of every public servant in Texas."