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State v. Oakley12/16/2005
to another person. Compensation under chapter 103 may be had only upon application or petition by the convicted person and, although this chapter contains a clear waiver of immunity from suit when an entitled person files a verified petition, it only allows for recovery by the injured person. The claimant must aver that he or she was entitled to compensation, and there is no indication of any intent to allow others to seek compensation for the imprisoned person's damages. More important, compensation ceases upon the claimant's death and does not survive to pass to his or her heirs. This clearly demonstrates that the legislature intended claims made under this chapter to be personal in nature and limited to the wrongfully imprisoned person. To widen the legislature's waiver of immunity and graft more liberal common-law principles onto these statutes flies in the face of established sovereign immunity law.
Furthermore, I believe the majority impermissibly melds the definition of a "personal" claim with the question of whether available damages are remedial or punitive, two aspects of a claim that I believe are separate inquiries. I recognize that the compensation allowed under chapter 103 is remedial in nature and that punitive damages are not allowed. However, that does not change the fact that the injury being addressed could hardly be more personal in nature or that every provision of chapter 103 is expressly limited to the wrongfully imprisoned person him or herself. Although the general rule does allow for the assignment of most claims, as stated in Bay Ridge Utility District v. 4M Laundry, "in the absence of an express statutory provision to the contrary, a statutory cause of action is not assignable if it is personal to the one who holds it and would not survive his death." 717 S.W.2d 92, 96 (Tex. App.--Houston [1st Dist.] 1986, writ ref'd n.r.e.) (citing Dearborn Stove Co. v. Caples, 236 S.W.2d 486, 490 (Tex. 1951)).
The express language of chapter 103 shows a legislative intention that claims under chapter 103 be considered personal claims, albeit personal claims with relief limited to remedial compensation. Because chapter 103 claims are personal in nature and do not survive the claimant's death, under Bay Ridge and Dearborn Stove, I would hold that chapter 103 claims are not assignable and may only be filed by the wrongfully imprisoned person him or herself.
I believe that the majority's allowance of the assignment impermissibly broadens the waiver of immunity beyond the legislature's intentions. Further, I would hold that Ochoa's claim under chapter 103 is a personal claim and, because it cannot survive his death, I would hold that it may not be assigned to another party. For these reasons, I respectfully dissent.
David Puryear, Justice
Before Justices B. A. Smith, Patterson and Puryear
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