Michael P. Fleming

Michael P. Fleming (born June 25, 1963 in Orlando, Florida; died July 1, 2020 ) was a Houston, Texas based attorney and elected official. Fleming was board certified in personal injury law by the Texas Board of Legal Specialization. Fleming was the managing partner of Fleming Law, P.C (formerly Michael P. Fleming & Associates, P.C.). Fleming was elected as county attorney in Harris County, Texas in 1996 and reelected the following term in 2000.

In 1996, and again in 2000, Fleming was elected as county attorney in Harris County, Texas. Fleming attributed his wife, judge and former prosecutor Natalie Fleming, and six children for his stepping down as Harris County attorney.

The Supreme Court ruled 6-3 in favor of Harris County, holding that "othing in the FLSA or its implementing regulations prohibits a public employer from compelling the use of compensatory time." Further, an opinion letter issued by the Department of Labor which prohibited employers from forcing employees to use compensatory time did not receive Chevron deference. The Department of Labor's opinion letter was not legally binding.

A district court granted a summary judgment in favor of the sheriff's deputies, ruling that their actions were constitutionally reasonable. On appeal, the United States Court for the Fifth Circuit upheld the lower court decision. The Fifth Circuit ruled that Brothers was not protected by the Fourth Amendment's protection against unreasonable seizures, because the Fourth Amendment does not protect detainees following their arrest.

Affiliations

Fleming was an Associate of the American Board of Trial Advocates and a fellow of the Texas Bar Foundation. Fleming also participated on the board of directors of the University of St. Thomas for fifteen years, was a member of the Houston Sports Authority, and had a life membership as a founding director of the Irish Society of Houston.

Fleming was listed in Who's Who in the World, Who's Who in America and Who's Who in American Law.