 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Harris County1/20/2005
This is an accelerated appeal from the trial court's order, denying appellant, Harris County, its plea to the jurisdiction on the grounds of governmental immunity. Appellee, Juan Luis Cabazos, Jr., filed a negligence action against Harris County and Sheriff Deputy Matthew Haynes under the Texas Tort Claims Act for injuries appellee sustained from a gunshot fired by Haynes. On appeal, the issue is whether the trial court erred in denying appellant's plea to the jurisdiction. We reverse.
BACKGROUND
On October 27, 2000, Harris County Sheriff Deputy Matthew Haynes saw appellee make an illegal turn and attempted to pull him over. Appellee failed to stop, and a short chase ensued with appellee driving at a high rate of speed through neighborhoods and a shopping mall area, where he struck a car before he missed a turn and crashed into a ditch. Haynes pulled up behind appellee's vehicle, got out of his patrol car, and walked toward the driver's side door of appellee's vehicle with his pistol drawn. Beverly Ewer, an eyewitness, testified under oath that Haynes, with both hands on the pistol, put his pistol in the driver's side window before shooting appellee.
Appellee subsequently pleaded guilty to evading arrest in a separate criminal action and then filed suit in federal court against Harris County and Haynes pursuant to 42 United States Code section 1983, but that suit was remanded. See 42 U.S.C.A. ยง 1983. Appellee filed suit in state court, alleging that Harris County is liable for Haynes' actions under the doctrine of respondeat superior. Moreover, appellee alleged that Harris County negligently implemented policies and procedures for the arrest of a suspect, and that Haynes negligently discharged his pistol to assault appellee and negligently effectuated appellee's arrest while acting in bad faith. Appellee argues that these actions preclude Harris County from entitlement to immunity. However, Haynes was never served with process and, therefore, is not a party to this suit.
On December 19, 2002, Harris County filed a plea to the jurisdiction. On June 30, 2003, the trial court signed an order denying Harris County's plea. This appeal followed.
Discussion
In its sole issue presented, appellant challenges the trial court's denying its plea to the jurisdiction.
Standard of Review
A plea to the jurisdiction challenges the trial court's subject matter jurisdiction to hear the case. Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 554 (Tex. 2000). Subject matter jurisdiction is essential to the authority of a court to decide a case and is never presumed. Tex. Ass'n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 443- 44 (Tex. 1993). The plaintiff has the burden to allege facts affirmatively demonstrating that the trial court has subject matter jurisdiction. Id. at 446; Richardson v. First Nat'l Life Ins. Co., 419 S.W.2d 836, 839 (Tex. 1967).
The existence of subject-matter jurisdiction is a question of law. State ex rel. State Dep't of Highways & Pub. Transp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002); Mayhew v. Town of Sunnyvale, 964 S.W.2d 922, 928 (Tex. 1998). Therefore, we review de novo the trial court's ruling on a plea to the jurisdiction. Id. In deciding a plea to the jurisdiction, a court may not consider the merits of the case, but only the plaintiff's pleadings and the evidence pertinent to the jurisdictional inquiry. County of Cameron v. Brown, 80 S.W.3d 549, 555 (Tex. 2002).
Immunity
Under the doctrine of sovereign immunity, a governmental entity cannot be held liable for the actions of its employees unless there is a constitutional or statutory pro
Page 1 2 3 4 5 6 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|