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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Campos v. Texas Department of Criminal Justice

Appellants, Luzelma Campos, Betty Jo Gonzalez, and Misty Valero, appealed a trial court's order granting a plea to the jurisdiction in favor of the Texas Department of Criminal Justice Community, Justice Assistance Division, and Nueces County entities. Appellants alleged federal civil rights violations and torts under the Texas Tort Claims Act for sexual harassment and assault while incarcerated at the Nueces County Substance Abuse Treatment Facility. The appellate court affirmed the dismissal of the federal civil rights claims, finding the appellees to be state entities immune under section 1983 and the claims for injunctive relief moot. However, the court reversed and remanded the claims under the Texas Tort Claims Act, specifically those related to premise defect, use of tangible personal property, and negligent hiring, training, and supervision, allowing for further discovery and amendment of pleadings.

Sovereign immunityTexas Tort Claims ActPlea to jurisdictionSection 1983Premise defectTangible personal propertyNegligent hiringNegligent supervisionSexual harassmentSexual assault
References
15
Case No. 13-08-00269-CV
Regular Panel Decision
Oct 22, 2009

Luzelma Campos, Betty Jo Gonzalez, and Misty Valero v. Texas Department of Criminal Justice, Community Justice Assistance Division, Nueces County Substance Abuse Treatment Facility, Nueces County Community Supervision and Corrections, and Nueces County Adult Probation Department

Appellants Luzelma Campos, Betty Jo Gonzalez, and Misty Valero appealed the trial court's grant of a plea to the jurisdiction in favor of appellees, including the Texas Department of Criminal Justice and Nueces County entities. Appellants alleged federal civil rights violations and torts under the Texas Tort Claims Act, stemming from sexual harassment and assault during their incarceration. The appellate court affirmed the dismissal of the federal civil rights claims under 28 U.S.C. § 1983, determining that the appellees were state entities immune from such suits, and found claims for injunctive relief moot as appellants were no longer incarcerated. However, the court reversed the dismissal of claims under the Texas Tort Claims Act, remanding for further proceedings to allow discovery and amendment of pleadings regarding allegations of premise defect and the use of tangible personal property, consistent with prior rulings.

Plea to the JurisdictionSovereign ImmunityTexas Tort Claims ActFederal Civil RightsSection 1983Premise DefectTangible Personal PropertyNegligent Hiring and SupervisionSexual MisconductIncarceration Conditions
References
15
Case No. 01-02-00069-CV
Regular Panel Decision

the Texas Department of Criminal Justice, Institutional Division (TDCJ-ID) v. Bates, Linda Koetter

Linda Koetter Bates, an employee of the Texas Department of Criminal Justice-Institutional Division (TDCJ), was injured in an accident with a TDCJ tractor while driving to work. After her workers' compensation claim was denied, Bates sued TDCJ under the Texas Tort Claims Act for negligence. TDCJ filed a plea to the jurisdiction, asserting Bates's exclusive remedy was under the Texas Workers' Compensation Act and that she had not exhausted administrative remedies, arguing the 'access doctrine' applied. The trial court denied TDCJ's plea. The Court of Appeals affirmed the trial court's order, concluding that Bates's petition sufficiently stated a claim under the Tort Claims Act and that TDCJ's argument constituted an exclusive-remedy defense rather than a jurisdictional issue.

Texas Tort Claims ActSovereign ImmunityWorkers' Compensation ActExclusive RemedyPlea to JurisdictionInterlocutory AppealAccess DoctrineNegligenceSubject Matter JurisdictionAppellate Court
References
8
Case No. MISSING
Regular Panel Decision

Doe v. Alsaud

Plaintiff Jane Doe sued defendant Mustapha Ouanes for sexual assault, battery, false imprisonment, and intentional infliction of emotional distress. This civil action followed Ouanes's criminal conviction for rape, criminal sexual act, sexual abuse, and assault against Jane Doe, stemming from an incident in 2010. Plaintiff moved for summary judgment based on collateral estoppel, arguing that Ouanes's criminal conviction conclusively established his liability for the civil claims. After a previous denial, Plaintiff refiled the motion with additional evidence, specifically trial transcripts clarifying that the criminal convictions pertained to Jane Doe. The court found that the issues in both proceedings were identical, the issues were fully litigated, and Ouanes had a full and fair opportunity to litigate in the criminal trial. Consequently, Ouanes is collaterally estopped from relitigating his liability in the civil action, leading to the granting of summary judgment on liability.

Sexual AssaultRapeBatteryFalse ImprisonmentIntentional Infliction of Emotional DistressCollateral EstoppelSummary JudgmentCriminal ConvictionCivil LiabilityForcible Compulsion
References
27
Case No. MISSING
Regular Panel Decision

Morales v. Ellen

This appeal concerns the application of the Texas Open Records Act (TORA) regarding the disclosure of investigative records pertaining to sexual harassment allegations against John Ellen, a former police lieutenant. The Attorney General challenged a trial court's decision that withheld the names and detailed statements of witnesses, citing privacy concerns, while ordering the release of Ellen's affidavit and the police board's findings. The appellate court affirmed the trial court's judgment, balancing the public's right to information about government affairs against the privacy rights of individuals involved in intimate and embarrassing sexual harassment investigations. It concluded that disclosing witness identities would discourage future reporting and cooperation, thereby upholding the privacy exemption under TORA.

Texas Open Records ActTORASexual HarassmentPrivacy RightsInvestigative RecordsGovernment TransparencyWitness ProtectionPublic OfficialsEctor CountyAppellate Law
References
11
Case No. 47 Tex. Sup. Ct. J. 1028
Regular Panel Decision
Sep 03, 2004

In Re Commitment of Fisher

This case involves the civil commitment of Michael James Fisher as a sexually violent predator under the Texas Civil Commitment of Sexually Violent Predators Act. The Supreme Court of Texas addresses whether the Act is punitive or civil, concluding that it is civil based on legislative intent and its non-punitive effects, despite provisions for criminal penalties for violations of commitment conditions. The opinion also rejects Fisher's arguments regarding the right to be competent at trial in a civil commitment proceeding, Fifth Amendment self-incrimination, and facial vagueness challenges to the Act's "behavioral abnormality" definition and individualized treatment. The Court reversed the court of appeals' judgment, which had found the Act punitive and unconstitutional, and affirmed Fisher's civil commitment.

Sexually Violent Predator ActCivil CommitmentDue ProcessConstitutional LawPunitive vs. CivilBehavioral AbnormalityMental CompetencyFifth AmendmentVagueness ChallengeOutpatient Treatment
References
54
Case No. MISSING
Regular Panel Decision

Salvamoser v. Pratt Institute

The plaintiff appealed an order granting summary judgment to the defendants, Pratt Institute and 205 Ashland Associates, for personal injuries resulting from a criminal assault. The plaintiff was robbed on a public street near her residence, owned by 205 Ashland Associates and leased by Pratt Institute, then forced into her apartment and to a bank. She alleged negligence by the defendants for a defective or open front door, contending they failed to provide adequate security. The Supreme Court found the defendants' actions were not a substantial cause of the injury, as the criminal act originated off-premises and the plaintiff would have been compelled into her apartment regardless of the door's security. The appellate court affirmed the summary judgment dismissal, concluding that the causal connection between any negligence and the criminal act was too attenuated as a matter of law.

Personal InjuryCriminal AssaultNegligencePremises LiabilitySummary JudgmentCausationProximate CauseLandlord LiabilityAppellate ReviewSecurity Measures
References
5
Case No. MISSING
Regular Panel Decision

Wesby v. Act Pipe & Supply, Inc.

Glenn Wesby was injured while working on Act Pipe & Supply, Inc.'s premises, employed by Labor Express Temporary Services. He sued Act Pipe for negligence. Act Pipe sought summary judgment, arguing that Wesby's claims were barred by Texas Workers’ Compensation statutes under either the Staff Leasing Services Act or the borrowed servant doctrine. The trial court granted summary judgment without specifying the grounds. On appeal, the court affirmed the summary judgment, finding that Wesby was Act Pipe’s borrowed servant and Act Pipe's workers’ compensation insurance applied, thus barring his common law claims, irrespective of whether notice of coverage was provided.

Personal InjurySummary JudgmentBorrowed Servant DoctrineStaff Leasing Services ActWorkers' Comp ExclusivityTemporary EmploymentNegligence ClaimsAppellate AffirmationEmployer Affirmative DefenseTexas Labor Law
References
28
Case No. MISSING
Regular Panel Decision

Texas Department of Criminal Justice v. Simons

The Texas Department of Criminal Justice-Institutional Division (TDCJ) appealed the trial court's denial of its plea to the jurisdiction and no-evidence motion for summary judgment. The case involves Brian Edward Simons, an incarcerated individual who sued TDCJ for injuries. The central legal question is whether TDCJ received "actual notice" of Simons's claim, a requirement under the Texas Tort Claims Act. The court considered the recent amendment to Government Code section 311.034, which makes statutory prerequisites to suit jurisdictional, and applied it retroactively. Analyzing the "subjective awareness" standard for actual notice, the court found that TDCJ's internal investigation, which concluded Simons was at fault, and communications from Simons's legal assistant, did not demonstrate TDCJ had subjective awareness that its own fault contributed to Simons's injury. Consequently, the court held that TDCJ lacked actual notice, reversed the trial court's order, and dismissed Simons's claim for want of jurisdiction.

Texas Tort Claims ActSovereign ImmunityActual NoticeSubjective AwarenessGovernmental Unit ImmunityJurisdictional PrerequisitesRetroactive Application of StatuteProcedural LawSummary Judgment MotionPlea to Jurisdiction
References
14
Case No. 08-20-00050-CV
Regular Panel Decision
Sep 28, 2021

Bibiana Flores v. Texas Department of Criminal Justice

Bibiana Flores, a former correctional officer for the Texas Department of Criminal Justice (TDCJ), appealed the trial court's decision granting TDCJ's plea to the jurisdiction and motion for summary judgment. Flores alleged discrimination and retaliation claims under the Texas Commission on Human Rights Act (TCHRA) after her termination in 2013, claiming unlawful employment practices due to a disability. The central issue revolved around whether her request for a shift change to attend physical therapy constituted a protected activity under the TCHRA's retaliation provisions. Citing recent Texas Supreme Court precedent in Lara II, the court concluded that Flores failed to demonstrate her accommodation request alerted TDCJ to a reasonable belief of unlawful discrimination. Consequently, the appellate court affirmed the dismissal of Flores's claims due to her failure to establish a prima facie case for retaliation, thereby affirming the trial court's lack of subject matter jurisdiction.

Employment LawRetaliation ClaimDisability DiscriminationTexas Labor CodeTCHRASovereign ImmunityPlea to JurisdictionSummary JudgmentProtected ActivityReasonable Accommodation
References
28
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