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Garrison v. City of Leon Valley3/9/2005
AFFIRMED
Appellant Kurt Garrison appeals the trial court's order granting the City of Leon Valley's plea to the jurisdiction. Because the issue in this appeal involves the application of well-settled principles of law, we affirm the trial court's judgment in this memorandum opinion under Texas Rule of Appellate Procedure 47.4.
Background
Garrison filed suit against the City of Leon Valley, four Leon Valley police officers, and the Leon Valley prosecuting attorney for various claims relating to actions allegedly taken in the prosecution of a traffic ticket against him. The City filed a plea to the jurisdiction, arguing that any intentional tort claims alleged by Garrison are barred by section 101.057 of the Texas Tort Claims Act ("TTCA"), any negligence claims do not fall within the limited waiver of sovereign immunity found in section 101.021 of the TTCA, and any constitutional claims under the Texas Constitution are barred under the Texas Supreme Court's decision in City of Beaumont v. Bouillion, 896 S.W.2d 143, 147-49 (Tex. 1995), which held that there is no implied private right of action for damages arising under the Texas Constitution. The trial court granted the City's plea to the jurisdiction, dismissed all of Garrison's claims against the City with prejudice, and severed those claims against the City from the original lawsuit, thus creating a final judgment. Garrison appeals.
Sovereign Immunity
In Texas, sovereign immunity deprives a trial court of subject-matter jurisdiction for lawsuits in which the state or certain governmental units have been sued unless the state consents to suit. Texas Dep't of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 224 (Tex. 2004). The TTCA provides a limited waiver of sovereign immunity. Id. And, unless the TTCA or some other statute or constitutional provision expressly waives immunity, a city is immune from suit. City of Garland v. Rivera, 146 S.W.3d 334, 337 (Tex. App.---Dallas 2004, no pet.); see Miranda, 133 S.W.3d at 224-25. Because sovereign immunity from suit defeats a trial court's subject-matter jurisdiction, it is properly asserted in a plea to the jurisdiction. Miranda, 133 S.W.3d at 225-26.
Whether a pleader has alleged facts that affirmatively demonstrate a trial court's subject-matter jurisdiction is a question of law reviewed de novo. Id. at 226.
Plea to the Jurisdiction
In his first issue, Garrison argues that the "trial court committed fundamental error when granting [the City]'s plea to the jurisdiction against Garrison's common law claims brought against [the City]." According to Garrison, the trial court should not have dismissed the following claims against the City: "trespass, negligent supervision of City employees, conspiracy to unlawfully injure Garrison, and respondeat superior for unlawful acts committed by City employees."
In his petition, he alleges that the City is liable because it has "policies and procedures" that allow its employees to engage in these wrongful actions. Garrison, however, does not specify which "policies and procedures" allowed the City's employees to engage in these actions.
Under the common-law doctrine of sovereign immunity, a municipality cannot be held liable for the actions of its employees unless there is a constitutional or statutory provision waiving such immunity. See City of Amarillo v. Martin, 971 S.W.2d 426, 427 (Tex. 1998). The TTCA is such a statute that waives sovereign immunity under certain circumstances. See id. For a governmental unit to be held liable for the acts of its employees under the TTCA, (1) the claim must arise under one of the three specific areas
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