Sovereign Immunity – Page 14 – The Law Offices of Ryan Henry

Contractor properly complied with administrative dispute resolutions in contract, so properly exhausted administrative remedies holds Dallas Court of Appeals

Dallas Area Rapid Transit Authority v. GLF Construction Company, 05-19-003930-CV, (Tex. App – Dallas, April 3, 2020) This is an interlocutory appeal in a contractual immunity case where the Dallas Court of Appeals affirmed the denial of DART’s plea to the
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Contracts, Litigation, Sovereign Immunity

School district failed to establish unauthorized contract, even with TEA report declaring contract was executed in violation of procurement laws

Harlandale Independent School District v. Jasmine Engineering, Inc, 04-19-00638-CV, (Tex. App – San Antonio, March 11, 2020) This is a breach of contract/immunity case where the San Antonio Court of Appeals affirmed the denial of the school district’s plea to the jurisdiction.
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Constitutional Challenge, Litigation, Sovereign Immunity, Takings

13th Court of Appeals holds statute of limitations properly raised in plea to the jurisdiction and “damage” to real property is limited to two-year SOL

Danis Tucker and Beverly Tucker v. City of Corpus Christi, Texas, 13-18-00328-CV, (Tex. App – Corpus Christi, Feb. 27, 2020) This is a takings claim where the Corpus Christi Court of Appeals affirmed the granting of the City’s plea to the jurisdiction
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Sovereign Immunity, TTCA

Texas Supreme Court holds supervisor’s order to use tear-gas gun was “use” under TTCA, but riot exception preserved immunity

Texas Dept. Crim. Justice v Cesar Rangel, 18-0721, (Tex. Feb. 7, 2020) This is a Texas Tort Claims Act (“TTCA”) case where the Texas Supreme Court held the Department of Criminal Justice (“Department”) retained immunity for hitting an inmate with a tear-gas
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Discrimination, Employment Law, Litigation, Procedure, Sovereign Immunity

Trial court’s denial of plea after evidentiary hearing was proper given the trial court decides disputed facts unrelated to merits of underlying claims

City of San Antonio v. Pedro J. Arciniega, 04-19-00467-CV, (Tex. App – San Antonio, Jan 15, 2020) This is an employment discrimination case where the San Antonio Court of Appeals affirmed the denial of the City’s plea to the jurisdiction. Arciniega sued
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Sovereign Immunity, TTCA

Knowledge of a hypothetical hazard is insufficient to waive immunity under the TTCA for premise defects says 1st Court of Appeals

The City of Houston v. Bobby Terry, 01-19-00197-CV (Tex. App. – Houston [1st Dist.], Jan. 23, 2020). This is a Texas Tort Claim Act (TTCA) case where the First District Court of Appeals reversed the denial of the City’s plea to the
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Litigation, Sovereign Immunity, TTCA

Fort Worth Court says under premise defect claim plaintiff paid for use of the property even though she was using public sidewalk

The City of Fort Worth, Texas v. Dianne Posey, 02-19-00351-CV, (Tex. App – Fort Worth, Jan. 16, 2020) This is a premise liability/Texas Tort Claims Act (TTCA) case where the Fort Worth Court of Appeals held a fact question exists as to
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Declaratory Judgments, Finance, Injunction, Litigation, Sovereign Immunity

Fort Worth Court of Appeals holds no waiver of immunity for declaratory judgment relief against county for competitive bidding violation

Tarrant County, Texas v. Jeffrey D. Lerner, 02-19-00330-CV, (Tex. App – Fort Worth, Jan. 9, 2020) This is a declaratory judgment/immunity case where the Fort Worth Court of Appeals held the County retained immunity for declaratory claims alleging violations of the competitive
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Contracts, Declaratory Judgments, Injunction, Litigation, Sovereign Immunity, Ultra Vires

No waiver of immunity when non-profit sues to invalidate transfer of real property to city

City of Houston and Keith W. Wade v. Hope for Families, Inc, 01-18-00795-CV, (Tex. App – Houston [1st Dist.], Jan. 9, 2020) This is a governmental immunity case where the First Court of Appeals held the contracting non-profit did not establish a
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Litigation, Sovereign Immunity, TTCA

El Paso Court of Appeals holds concrete barrier and canal at end of roadway is a special defect

City of El Paso, Texas v. Albert Lopez and Lexby Lopez, 08-19-00056-CV, (Tex. App – El Paso, Dec. 12, 2019) This is a Texas Tort Claims Act (“TTCA”) case where the El Paso Court of Appeals affirmed the denial of the
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Category: Sovereign Immunity

Contractor properly complied with administrative dispute resolutions in contract, so properly exhausted administrative remedies holds Dallas Court of Appeals

School district failed to establish unauthorized contract, even with TEA report declaring contract was executed in violation of procurement laws

13th Court of Appeals holds statute of limitations properly raised in plea to the jurisdiction and “damage” to real property is limited to two-year SOL

Texas Supreme Court holds supervisor’s order to use tear-gas gun was “use” under TTCA, but riot exception preserved immunity

Trial court’s denial of plea after evidentiary hearing was proper given the trial court decides disputed facts unrelated to merits of underlying claims

Knowledge of a hypothetical hazard is insufficient to waive immunity under the TTCA for premise defects says 1st Court of Appeals

Fort Worth Court says under premise defect claim plaintiff paid for use of the property even though she was using public sidewalk

Fort Worth Court of Appeals holds no waiver of immunity for declaratory judgment relief against county for competitive bidding violation

No waiver of immunity when non-profit sues to invalidate transfer of real property to city

El Paso Court of Appeals holds concrete barrier and canal at end of roadway is a special defect

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