Does Whiteaker seek money damages?
As for the other aspects of his claims, Whiteaker questions the assumption that requests for back pay or other retrospective monetary relief categorically constitute claims for “money damages” that implicate governmental immunity. He argues that such awards are not considered money damages when awarded as equitable relief to prevent unjust enrichment. See, e.g., Burrow v. Arce, 997 S.W.2d 229, 245 (Tex. 1999) (characterizing award of money to prevent unjust enrichment as “an equitable remedy”). In the context of government employment, Texas courts have distinguished equitable back-pay awards from those constituting money damages based upon the reasons why the back pay is sought: whether the pay sought is for work actually performed or services provided to the employer, which is actionable in equity, or is sought to compensate for the loss of pay resulting from the employee being wrongfully prevented from working for the employer, which is money damages. See Nueces County v. Ferguson, 9
