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Campos v. Nueces County4/14/2005
Luzelma Campos, Betty Jo Gonzalez, and Misty Valero challenge the grant of a plea to the jurisdiction filed by Nueces County. Because we conclude that governmental immunity does not bar suit under 42 U.S.C. § 1983 and that appellants have alleged a cause of action for premises defects under the Texas Tort Claims Act, we reverse the trial court's order dismissing the case and remand for further proceedings consistent with this opinion.
Background This suit involves allegations of repeated acts of sexual harassment and sexual assault occurring at the Nueces County Substance Abuse Treatment Facility ("SATF"). Appellants allege that while they were criminally incarcerated in the SATF, two guards, Sergeant Anthony Allen and Corporal Cordell Hayes, sexually harassed and assaulted them. Appellants sued for violations of their civil rights and also asserted claims under the tort claims act, naming seven defendants, including the two guards, individually and in their official capacities, and Nueces County. After granting a plea to the jurisdiction filed by Nueces County, the trial court severed the claims against the county from the rest of the case and dismissed them. Appellants now raise four issues on appeal.
I.
In their first issue, appellants contend that the trial court erroneously dismissed their case because a plea to the jurisdiction is an improper vehicle for challenging defects in a plaintiff's pleadings. Appellants argue that the defects raised by appellee's plea to the jurisdiction amounted to no more than mere defects in pleadings and should have been challenged by special exceptions because they do not implicate the court's subject matter jurisdiction.
Although we agree that defects in pleadings are properly challenged by special exceptions, see Horizon/CMS Healthcare Corp. v. Auld, 34 S.W.3d 887, 897 (Tex. 2000), a plea to the jurisdiction remains a proper vehicle for challenging a court's subject matter jurisdiction over a claim, see Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 554 (Tex. 2000). Furthermore, the Texas Supreme Court has specifically held that governmental immunity can be raised by a plea to the jurisdiction because, if sustained, an assertion of immunity would defeat the court's jurisdiction. Harris County v. Sykes, 136 S.W.3d 635, 638 (Tex. 2004). But see id. at 642 (Brister, J., concurring) ("There would never have been as much confusion if sovereign immunity had to be raised by summary judgment or special exceptions."). Appellee's plea argued that there was no subject matter jurisdiction and that appellee was protected by governmental immunity. We conclude that these objections to suit were properly raised by appellee's plea to the jurisdiction. Appellants' first issue is overruled.
II.
In their second, third, and fourth issues, appellants argue that the trial court erred by granting appellee's plea to the jurisdiction because their live petition alleges causes of action against appellee under 42 U.S.C. § 1983 and the tort claims act and because the evidence before the trial court supported the causes of action. In response, appellee contends that dismissal was proper because appellants' live petition failed to state a cause of action.
Whether a court has subject matter jurisdiction is a legal question and is therefore subject to de novo review. See State ex rel. State Dep't of Highways & Pub. Transp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex. 2002). We must determine whether appellants have alleged facts that affirmatively demonstrate the court's jurisdiction to hear their case. Tex. Dep't of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 226 (Tex. 2004). We construe the pleadings libe
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