 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Texas Department of Criminal Justice v. Diller11/27/2002
The Texas Department of Criminal Justice ("TDCJ") appeals the denial of its plea to the jurisdiction. Lorene Diller, individually and as personal representative of the estate of her deceased son, Michael Thomas Diller, sued TDCJ pursuant to the Texas Tort Claims Act. In one issue, TDCJ asserts the trial court erred in determining it had waived sovereign immunity. We reverse and render.
Background
Appellee's son, who suffered from a mental illness and who was known to be suicidal, was incarcerated in a TDCJ facility. One night, after he set his mattress on fire, the guards removed him from his cell and placed him in solitary confinement. During the night he hung himself with a plastic mesh bag that had been left in the cell with him. Appellee sued TDCJ and a psychiatrist employed by the State. TDCJ filed a plea to the jurisdiction claiming sovereign immunity. The trial court denied the plea. TDCJ now appeals that ruling.
Sovereign Immunity
In its sole issue, TDCJ asserts the trial court erred in overruling its plea to the jurisdiction because Appellee has not shown that TDCJ waived sovereign immunity. TDCJ contends that Appellee's allegations are not cognizable under the Texas Tort Claims Act and, therefore, do not trigger its waiver provisions. Accordingly, it argues, the trial court lacked jurisdiction over the claims against TDCJ.
Applicable Law
Sovereign immunity is an affirmative defense that must be pleaded and proved. Davis v. City of San Antonio, 752 S.W.2d 518, 520 (Tex. 1988). Immunity from suit bars an action against the State unless the State expressly consents to the suit. Texas Dep't of Trans. v. Jones, 8 S.W.3d 636, 638 (Tex. 1999). Since as early as 1847, the law in Texas has been that absent the State's consent to suit, a trial court lacks subject matter jurisdiction. Id. The absence of subject matter jurisdiction may be raised by a plea to the jurisdiction. Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 554 (Tex. 2000). Because subject matter jurisdiction presents a question of law, we review the trial court's decision to grant a plea to the jurisdiction de novo. Mayhew v. Town of Sunnyvale, 964 S.W.2d 922, 928 (Tex. 1998).
In reviewing a plea to the jurisdiction, we review the pleadings and any evidence relevant to the jurisdictional issue. Texas Dep't of Crim. Justice v. Miller, 51 S.W.3d 583, 587 (Tex. 2001). The party suing the governmental entity must establish the State's consent, which may be alleged either by reference to a statute or to express legislative permission. Jones, 8 S.W.3d at 638. In considering the jurisdictional allegations contained in a petition, they are to be construed liberally in the plaintiff's favor. Texas Ass'n of Bus. v. Texas Air Control Bd., 852 S.W.2d 440, 446 (Tex. 1993).
The Tort Claims Act (the "Act") provides a limited waiver of sovereign immunity in certain circumstances:
A governmental unit is liable for:
(1) property damage, personal injury , and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if:
(A) the property damage, personal injury , or death arises from the operation or use of a motor-driven vehicle or motor driven equipment; and
(B) the employee would be personally liable to the claimant according to Texas law; and
(2) personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law. Tex. Civ. Prac. & Rem. Code Ann. ยง 101.021 (Vernon 1997).
Page 1 2 3 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|