Rodriguez v. Christus Spohn Health System Corp.
2010 U.S. App. LEXIS 26121
| 5th Cir. | 2010Background
- Rodriguez, while involuntarily admitted for mental health treatment at Christus Spohn Hospital, alleges sexual assault by Hill and sues CHRISTUS for claims under Chapter 74, Chapter 81, and Chapter 321, plus assault against Hill.
- CHRISTUS moves to dismiss under Rule 12(b)(1) for government immunity and election of remedies; district court mostly denies, ruling immunity does not bar the state-law claims.
- CHRISTUS is a “hospital district management contractor” under Texas Health & Safety Code § 285.072, giving it governmental immunity for certain Civil Practice and Remedies Code chapters.
- The district court’s order is appealed as an interlocutory decision under 28 U.S.C. § 1292(b); the Fifth Circuit vacates with a remand for a limited claim.
- The central issue is whether Rodriguez’s statutory claims fall under the Tort Claims Act (TCA) and, if so, whether any independent waivers of immunity apply.
- The court ultimately approves a limited claim under Texas Civil Practice and Remedies Code § 81.010, remanding for proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can statutory claims fall under the Tort Claims Act? | Rodriguez advocates that some statutory claims fall under the TCA as waivers of immunity for government defendants. | CHRISTUS contends statutory claims may not fall under the TCA if independent waivers apply or if the statute does not create a tort. | Statutory claims may fall under the TCA if they sound in tort and lack independent waivers. |
| Does Chapter 74 sound in tort and lack an independent waiver of immunity? | Chapter 74 claims are tort-like and should be covered by the TCA’s waiver. | Chapter 74 does not waive immunity and governs health-care liability claims, treated as torts under the TCA only if not independently exempted. | Chapter 74 sounds in tort but contains no independent waiver; must be dismissed. |
| Does Chapter 81 provide a waiver allowing Rodriguez’s claim against CHRISTUS? | Chapter 81 provides wider access to relief for sexual exploitation claims. | Chapter 81 offers only a limited waiver to governmental units, not broad liability for the hospital. | Chapter 81 claim is barred except to the extent § 81.010 permits relief. |
| Does Chapter 321 fall under the TCA and require dismissal under election of remedies? | Chapter 321 should provide damages for patient rights violations and not be barred by immunity. | Chapter 321 does not contain an independent waiver and falls under the TCA. | Chapter 321 falls under the TCA and must be dismissed. |
| What is the effect of the election of remedies for Hill's dismissal? | Hill should remain as a defendant because the claims against CHRISTUS are not necessarily barred from a remedy against him. | All claims within the TCA against both governmental units and employees trigger dismissal of employees under § 101.106(e). | All TCA-covered claims trigger Hill’s dismissal under the election of remedies. |
Key Cases Cited
- Garcia v. Tex. Health & Safety Code, 253 S.W.3d 653 (Tex. 2008) (claims under waivers exist apart from the TCA not 'under the Tort Claims Act')
- JCW Elecs., Inc. v. Garza, 257 S.W.3d 701 (Tex. 2008) (all tort theories against a governmental unit presumed under the TCA)
- Beaumont State Ctr. v. Kozlowski ex rel. Allen, 108 S.W.3d 899 (Tex. 2003) (per curiam on sovereign immunity implications)
- City of Tyler v. Likes, 962 S.W.2d 489 (Tex. 1997) (sovereign immunity and waiver framework)
- Lefmark Mgmt. Co. v. Old, 946 S.W.2d 52 (Tex. 1997) (definition of tort and duty for liability)