Brown v. City of Houston, 65 F.4th 774

Alfred Dewayne Brown was wrongfully convicted and served over 12 years, including time on death row; charges were dismissed and he was released in 2015.
Brown filed a § 1983 suit in federal court in June 2017 alleging constitutional violations related to his wrongful prosecution and incarceration.
Brown pursued state compensation under the Tim Cole Act; initial petitions were denied, but the Texas Supreme Court ordered payment in December 2020 and the State paid his claim.
Texas Civil Practice & Remedies Code § 103.153(b) provides that a person who receives Tim Cole Act compensation "may not bring any action involving the same subject matter...against any governmental unit or an employee of any governmental unit."
The district court granted summary judgment for defendants in 2021, reasoning the Tim Cole Act barred Brown’s federal suit; the Fifth Circuit certified a question to the Texas Supreme Court about whether the statute bars suits filed before a claimant receives Tim Cole compensation.
The Texas Supreme Court answered that acceptance of Tim Cole Act compensation bars maintaining a lawsuit involving the same subject matter; the Fifth Circuit affirmed the district court’s grant of summary judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 103.153(b) bars maintenance of a lawsuit involving the same subject matter that was filed before the claimant received Tim Cole Act compensation	Brown: statute only prohibits "bringing" an action after receiving compensation; his § 1983 suit was filed before payment and thus may continue	Defendants: acceptance of Tim Cole compensation operates as an open settlement that provides immunity and bars further suits seeking additional recovery for the same wrongful conviction	Held: Texas Supreme Court and this Court: accepting Tim Cole Act compensation means the claimant agrees not to maintain (i.e., bring) any action in any forum involving the same subject matter; Brown’s § 1983 suit is barred

Brown v. City of Houston, 660 S.W.3d 749 (Tex. 2023) (Texas Supreme Court: acceptance of Tim Cole Act compensation bars maintaining suits involving same subject matter)
In re Brown, 614 S.W.3d 712 (Tex. 2020) (mandamus proceeding reversing Comptroller’s denial of Tim Cole Act compensation)
Brown v. City of Houston, 538 F. Supp. 3d 725 (S.D. Tex. 2021) (district court opinion granting summary judgment based on Tim Cole Act immunity)
Tex. Ent. Ass’n, Inc. v. Hegar, 10 F.4th 495 (5th Cir. 2021) (standard of review for summary judgment)
Certain Underwriters at Lloyd’s, London v. Axon Pressure Prods. Inc., 951 F.3d 248 (5th Cir. 2020) (summary judgment legal standard)