Nikki Sides Individually and on Behalf of the Estate of Thomas Middleton v. Texas Department of Criminal Justice
01-15-00004-CV
| Tex. App. | Jul 1, 2015Background
- Plaintiff Nikki Sides sued the Texas Department of Criminal Justice (TDCJ) on behalf of the estate of inmate Thomas Middleton, who hung himself in a prison dayroom behind a privacy wall using a hoodie drawstring tied to a handicap handrail.
- Plaintiff alleged TDCJ negligently "used" and/or maintained its property (privacy wall, handrail, issued hoodie) and failed to supervise/monitor and render timely aid.
- TDCJ filed a plea to the jurisdiction arguing sovereign immunity under the Texas Tort Claims Act (TTCA) was not waived because no state employee used the property or caused the death and the property conditions were not defective or inherently dangerous.
- The trial court granted TDCJ’s plea to the jurisdiction and dismissed the case; plaintiff appealed.
- TDCJ argues amendment or an evidentiary hearing was unnecessary because the pleadings affirmatively negate the jurisdictional waiver elements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pleading "use of property" waived sovereign immunity under TTCA §101.021(2) | Sides contends TDCJ "used" property by allowing the inmate access to the hoodie, privacy wall, and handrail which facilitated the suicide. | TDCJ contends "use" requires negligent use by a state employee; allowing inmate access is non-use and does not waive immunity. | Court held plaintiff’s allegations were non-use and insufficient to waive sovereign immunity. |
| Whether pleading "condition of property" waived sovereign immunity under TTCA §101.021(2) | Sides argues condition (e.g., handrail lacking safety mechanism, hoodie drawstring) proximately caused death. | TDCJ argues the rail and drawstring were not defective or inherently dangerous and merely furnished means — too attenuated to be proximate cause. | Court held condition allegations failed: the items did not pose a hazard in ordinary use nor proximately cause death. |
| Whether trial court erred by denying leave to amend or an evidentiary hearing on jurisdictional facts | Sides sought leave to amend and an evidentiary hearing to develop facts supporting a waiver. | TDCJ contends pleadings affirmatively negate jurisdiction and jurisdictional facts are undisputed, so amendment/hearing unnecessary. | Court held no abuse: pleadings and undisputed facts did not raise a fact issue requiring amendment or evidentiary hearing. |
| Whether plaintiff may proceed under Texas Constitution (Open Courts) despite TTCA limits | Sides asserts constitutional claim under Article I, §13 to avoid statutory immunity bar. | TDCJ argues TTCA broadened remedies and the Open Courts doctrine does not invalidate the statutory framework; plaintiff made no successful constitutional challenge. | Court held the constitutional argument failed; TTCA does not unreasonably abrogate a well‑established cause of action here. |
Key Cases Cited
- Texas Dep't of Criminal Justice v. Miller, 51 S.W.3d 583 (Tex. 2001) (defining "use" of property under TTCA)
- San Antonio State Hosp. v. Cowan, 128 S.W.3d 244 (Tex. 2004) (government does not "use" personal property merely by allowing someone else to use it)
- Dallas Cnty. v. Posey, 290 S.W.3d 869 (Tex. 2009) (condition must do more than furnish means; must pose hazard in ordinary use and proximately cause injury)
- Rusk State Hosp. v. Black, 392 S.W.3d 88 (Tex. 2012) (reaffirming proximate-cause standard for condition-of-property claims)
- Dallas Cnty. Mental Health & Mental Retardation v. Bossley, 968 S.W.2d 339 (Tex. 1998) (use/condition too attenuated from suicide to impose liability)
- Texas A&M Univ. v. Bishop, 156 S.W.3d 580 (Tex. 2005) (waiver requires negligent use by an employee)
- Franka v. Velasquez, 332 S.W.3d 367 (Tex. 2011) (Open Courts doctrine discussion in context of TTCA employee-liability limits)
- Thomas v. Oldham, 895 S.W.2d 352 (Tex. 1995) (Open Courts doctrine standards)