El Paso County v. Solorzano
351 S.W.3d 577
| Tex. App. | 2011Background
- Reyes, a minor, was injured in February 2006 during a county juvenile probation program incident.
- The incident involved Officer LeGrande and a jail cell door; LeGrande resigned shortly after.
- Reyes' mother Solorzano filed suit against El Paso County on February 25, 2008, under TTCA and federal claims.
- Solorzano alleged the County's negligence in hiring, supervision, and training caused the injury, and that the County failed to provide proper medical care.
- County filed a plea to the jurisdiction arguing department personnel are not County employees; trial court denied the plea.
- This interlocutory appeal challenges the trial court’s denial, focusing on whether the El Paso Juvenile Probation Department is a separate entity from the County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the TTCA waiver applies to the County. | Solorzano argues Department employee is a County employee. | County contends the Department is separate from the County. | TTCA waiver does not apply; Department employee not a County employee. |
| Whether Solorzano had standing to sue under §1983 against the County. | Solorzano asserts §1983 against County for constitutional violations. | County argues Department acted under color of law; County not proper defendant. | Because the Department is a separate entity, County cannot be sued under §1983; case dismissed. |
Key Cases Cited
- Holland v. State, 221 S.W.3d 639 (Tex.2007) (review of governmental immunity matters on jurisdictional plea)
- Miranda v. Texas Parks & Wildlife, 133 S.W.3d 217 (Tex.2004) (plea to jurisdiction and governing standards for TTCA waiver)
- Whitley v. DART, 104 S.W.3d 540 (Tex.2003) (TTCA waiver analysis and burden on plaintiff)
- Murk v. Scheele, 120 S.W.3d 865 (Tex.2003) (employee status under TTCA and control requirement)
- Adkins v. Furey, 2 S.W.3d 346 (Tex.App.-San Antonio 1999) (control and paid employment required for TTCA waiver)
- Gomez v. Housing Authority of City of El Paso, 148 S.W.3d 471 (Tex.App.-El Paso 2004) (jurisdictional pleading requirements for 1983 claims)