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Denton County3/16/2000
against which official immunity can be asserted. Therefore, official immunity against a workers' compensation retaliation claim is not preserved under the Texas Tort Claims Act.
Because official immunity was not available to Flemming as an affirmative defense, we overrule the county's contention that it was entitled to assert Flemming's official immunity on its own behalf. Because the County did not prove that it was entitled to judgment as a matter of law, the trial court committed no error and properly denied the County's motion for summary judgment. Accordingly, we affirm the trial court's judgment.
PUBLISH
[DELIVERED MARCH 16, 2000]
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