Haskouri v. Univ TX Brownsville

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 00-40257
SUMMARY CALENDAR
SAL HASKOURI,
Plaintiff-Appellant,
VERSUS
UNIVERSITY OF TEXAS AT BROWNSVILLE,
Defendant-Appellee.
Appeal from the United States District Court
For the Southern District of Texas
(B-97-113)
September 28, 2000
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Appellant Sal Haskouri petitions for review of summary
judgment in favor of Appellee University of Texas at Brownsville
(UTB). Haskouri, a naturalized American citizen of Moroccan
ancestry and Muslim faith, was hired by UTB as a part-time math
instructor from August 31, 1992 to December 19, 1992. Thereafter,

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Haskouri applied for a similar position, but UTB declined to
rehire him.
On January 22, 1996, Haskouri filed a discrimination claim
with the Equal Employment Opportunity Commission (EEOC), alleging
UTB’s decision not to hire him was based upon his national
origin. In response, UTB offered to reappoint Haskouri to a
part-time position and required that he be subject to performance
evaluations and visits by the Dean. Haskouri refused.
On April 3, 1997, Haskouri filed suit in the 138th District
Court of Cameron County, Texas. His suit was removed to federal
court on May 19, 1997. After Haskouri twice amended his
complaint, UTB filed for summary judgment on three grounds: (1)
Haskouri’s earlier voluntary waiver of reappointment barred him
from recovering the same relief in this forum, (2) Haskouri’s
claim for reappointment was barred under the Texas Constitution
by the statute of limitations, and (3) Haskouri’s claim for
attorneys’ fees and costs are not available under the Texas
Constitution. On January 2, 2000, the district court granted
UTB’s motion and entered judgment in its favor. Haskouri, while
conceding the claim for attorneys’ fees, now appeals the summary
judgment.
There is a two-year statute of limitations applicable to
Texas Constitutional claims. See Jackson v. Houston Indep. Sch.
Dist., 994 S.W.2d 396, 402 (Tex. Ct. App. 1999). While a cause

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of action may accrue when a wrongful act causes injury, the
discovery rule “defers accrual of the cause of action until the
plaintiff knew, or by exercising reasonable diligence, should
have known of the facts giving rise to the cause of action.” Li
v. University of Texas Health Science Ctr., 984 S.W.2d 647, 651
(Tex. Ct. App. 1998).
We conclude that Haskouri’s claims are barred by the statute
of limitations. Haskouri’s original complaint was filed on
January 22, 1996. Haskouri had notice of a potential
discrimination claim in 1993, when UTB refused to rehire him.
This Court is without jurisdiction to consider Haskouri’s claim
that the 1996 reappointment offer was also discriminatory because
it was not addressed by the district court and is alleged for the
first time on appeal. See, e.g., Capps v. Humble Oil & Refining
Co., 536 F.2d 80, 81 (5th Cir. 1976); Poston v. Carake, 378 F.2d
439, 442-43 (5th Cir. 1967). Because we find the statute of
limitations bars Haskouri’s claim, we do not reach the issue of
waiver.
Accordingly, we AFFIRM the order of the district court.

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