Methodist Hospitals of Dallas v. Miller
405 S.W.3d 101
| Tex. App. | 2012Background
- appellants Quilens, Haynes, Rozzell, and Foster challenge the trial court’s denial of their summary-judgment motion based on official immunity; the appeal is interlocutory under §51.014(a)(5).
- appellees Miller and Wiley sued Methodist Hospitals of Dallas and the hospital police officers for assault, false arrest, and false imprisonment arising from events on August 23, 2008 at Charlton Medical Center in Dallas.
- officers allegedly detained family members and arrested them for criminal trespass, issuing a summons and a 90-day hospital ban.
- appellants contend they are peace officers commissioned under Education Code §51.214 and thus entitled to official immunity; the trial court denied their summary judgment.
- the court strictly reviews jurisdiction and concludes appellants have not shown they qualify as state or political-subdivision officers under §51.014(a)(5), thus the interlocutory appeal is dismissed for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the interlocutory appeal is authorized by §51.014(a)(5). | Quilens argues official-immunity appeal permitted by §51.014(a)(5). | Appellees contend appellants fail to prove §51.214 renders them state actors/text lacks jurisdiction. | No jurisdiction; appeal dismissed. |
| Whether appellants are peace officers commissioned under §51.214 for §51.014(a)(5) purposes. | Quilens asserts §51.214 confers immunity as government peace officers. | Appellees argue record fails to prove appellants meet §51.214 criteria. | Not established as a matter of law; cannot appeal. |
Key Cases Cited
- Koseoglu v. Koseoglu, 233 S.W.3d 835 (Tex. 2007) (defines scope of §51.014(a)(5) and that immunity-based interlocutory appeals apply to officers)
- Cen-Tex Childcare, Inc. v. Johnson, 339 S.W.3d 734 (Tex.App.-Fort Worth 2011) (requires appellant to show employment as state or political-subdivision officer for §51.014(a)(5))
- Klein v. Hernandez, 315 S.W.3d 1 (Tex. 2010) (held some privately employed physicians may be treated as state employees under certain statutes for interlocutory review)
- Franka v. Velasquez, 332 S.W.3d 367 (Tex. 2011) (addressed whether a resident physician at a public hospital is a governmental employee for §51.014(a)(5) purposes)
- Ballantyne v. Champion Builders, Inc., 144 S.W.3d 417 (Tex. 2004) (outlines elements of official immunity and its applicability to summary judgment)