Sovereign Immunity – Page 8 – The Law Offices of Ryan Henry

Fourth Court holds plaintiff’s premise defect claims cannot be brought as tangible personal property claims

City of San Antonio v. Nolan Anderson, 04-20-00320-CV (Tex.App.—San Antonio, March 10, 2021) This is a Texas Tort Claims Act (“TTCA”) case where the Court of Appeals reversed the denial of the City’s plea to the jurisdiction and dismissed the claims with
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Litigation, Sovereign Immunity, TTCA

Dallas Court of Appeals holds Parkland Hospital did not have actual knowledge of glass pane defect prior to it falling and injuring Plaintiff

Dallas County Hospital District d/b/a Parkland Health & Hospital System v. Lidia Bravo and Jefrey Bravo, 05-20-00640-CV, (Tex. App – Dallas, March 4, 2021) This is a Texas Tort Claims Act (“TTCA”) case where the Dallas Court of Appeals reversed the denial
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Declaratory Judgments, Injunction, Litigation, Sovereign Immunity, Ultra Vires

Amarillo Court of Appeals holds Texas Attorney General immune from County’s claims regarding conceal handgun signs

Ken Paxton, Texas Attorney General v. Waller County Texas; et al, 07-20-00297-CV, (Tex. App – Amarillo, March 4, 2021) This is a conceal/carry notice case where the Amarillo Court of Appeals reversed the denial of the Texas Attorney General’s plea to the
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Constitutional Challenge, Contracts, Declaratory Judgments, Employment Law, Litigation, Mandamus, Sovereign Immunity

13th Court of Appeals holds remainder of employment contract was consequential damages, not amounts due and owed, therefore no waiver of immunity exists for breach

Edinburg Housing Authority, Dr. Martin Castillo, Gabriel Salinas, Simon Garza, Marissa Chavana, and Juan Guzman v. Rodolfo Ramirez, 13-19-00269-CV, (Tex. App – Corpus Christi Feb. 25, 2021) This is an interlocutory appeal from the denial of a housing authority’s motion to dismiss
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Discrimination, Employment Law, Sovereign Immunity

An employer cannot discriminate against an individual based on their intent to become pregnant

Special contributing author Laura Mueller, City Attorney for Dripping Springs South Texas College v. Arriola, No. 12-19-00222-CV (Tex. App.—Corpus Christi Feb, 2021). In this appeal from a trial court’s holding that being able to become pregnant is a protected class under the
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Litigation, Procedure, Sovereign Immunity, TTCA

Austin Court of Appeals holds City’s diligent search established no actual knowledge of premise defect, therefore no waiver of immunity exists

City of Austin v Brandy Credeur, 03-19-00358-CV (Tex. App. – Austin, February 11, 2021) This is a premise defect case where the Austin Court of Appeals reversed the denial of the City’s plea to the jurisdiction and dismissed the case. Credeur was
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Contracts, Declaratory Judgments, Injunction, Litigation, Sovereign Immunity

Dallas Court of Appeals holds City waived immunity in lease agreement for use of soccer fields in exchange for upgrades and maintenance

City of McKinney, Texas v. KLA International Sports Management, LLC, 05-20-00659-CV, (Tex. App – Dallas, Feb. 4, 2021) This is a contractual immunity case where the Dallas Court of Appeals held the City’s immunity was waived. KLA, a private sports management company
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Discrimination, Employment Law, Litigation, Procedure, Retaliation, Sovereign Immunity

14th Court of Appeals holds ex-employees trigger date to file a charge of discrimination only occurs when employer’s discriminatory animus becomes sufficiently clear and he has suffered a tangible employment action

Metropolitan Transit Authority of Harris County, Texas v. John Carter, 14-19-00422-CV (Tex. App. – Houston [14th Dist.], January 14, 2021) This is an employment dispute where the 14th Court of Appeals affirmed the denial of a plea to the jurisdiction filed by
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Constitutional Challenge, Litigation, Official/Qualified Immunity, Sec. 1983, Sovereign Immunity, TTCA

Beaumont Court of Appeals holds City is not liable for alleged failure to create a police report, failure to investigate, or failure to prosecute as asserted by Plaintiff

Caryn Suzann Cain v. City of Conroe, Tex., et al., 09-19-00246-CV, 2020 WL 6929401 (Tex. App.—Beaumont Nov. 25, 2020) This is an interlocutory appeal from the trial court’s order granting the City’s motion to dismiss, plea to the jurisdiction, and traditional motion
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Litigation, Procedure, Sovereign Immunity, TTCA

El Paso Court of Appeals holds courts analyze the substance of pleadings, not the form of creative pleadings trying to reframe the claims.

Joseph O. Lopez v. The City of El Paso, 08-19-00123-CV (Tex. App.—El Paso Dec. 9, 2020) This is an interlocutory appeal from the trial court’s order granting the City’s plea to the jurisdiction in which the El Paso Court of Appeals affirmed.
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Category: Sovereign Immunity

Fourth Court holds plaintiff’s premise defect claims cannot be brought as tangible personal property claims

Dallas Court of Appeals holds Parkland Hospital did not have actual knowledge of glass pane defect prior to it falling and injuring Plaintiff

Amarillo Court of Appeals holds Texas Attorney General immune from County’s claims regarding conceal handgun signs

13th Court of Appeals holds remainder of employment contract was consequential damages, not amounts due and owed, therefore no waiver of immunity exists for breach

An employer cannot discriminate against an individual based on their intent to become pregnant

Austin Court of Appeals holds City’s diligent search established no actual knowledge of premise defect, therefore no waiver of immunity exists

Dallas Court of Appeals holds City waived immunity in lease agreement for use of soccer fields in exchange for upgrades and maintenance

14th Court of Appeals holds ex-employees trigger date to file a charge of discrimination only occurs when employer’s discriminatory animus becomes sufficiently clear and he has suffered a tangible employment action

Beaumont Court of Appeals holds City is not liable for alleged failure to create a police report, failure to investigate, or failure to prosecute as asserted by Plaintiff

El Paso Court of Appeals holds courts analyze the substance of pleadings, not the form of creative pleadings trying to reframe the claims.

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