Roger Liverman and Aaron Liverman v. Denton County, Texas, Denton County Criminal District Attorney, Paul Johnson, Lara Tomlin, Rick Daniel, and Lindsey Sheguit
02-17-00240-CV
| Tex. App. | Dec 14, 2017Background
- Roger and Aaron Liverman filed mechanic’s liens in 2008 against Roger’s daughter, Katheryn Payne Hall; they were criminally charged with securing execution of documents by deception and later acquitted on appeal.
- In October 2016 the Liversmans (pro se) sued Hall and Denton County officials for malicious prosecution; defendants included Denton County, Criminal District Attorney Paul Johnson, and assistants Lara Tomlin, Rick Daniel, and Lindsey Sheguit (sued individually and in their official capacities).
- Appellees moved for a plea to the jurisdiction asserting sovereign/governmental immunity; the trial court granted the plea and dismissed the claims against the county and the DA’s office with prejudice, leaving claims against Hall pending.
- The Livermans appealed interlocutorily; the Court of Appeals first addressed whether it had jurisdiction over the interlocutory appeal.
- The court held it had jurisdiction under Tex. Civ. Prac. & Rem. Code § 51.014(8) only as to the governmental-unit and official-capacity defendants, but not as to the defendants sued in their individual capacities.
- On the merits the court concluded the Texas Tort Claims Act does not waive immunity for intentional torts like malicious prosecution and affirmed dismissal of claims against Denton County and the DA’s office in their official capacities.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court of Appeals has jurisdiction over interlocutory appeal of plea to jurisdiction by governmental unit | Liverman: appeal should proceed as to all dismissed defendants | County/officials: §51.014(8) allows appeal for governmental-unit and official-capacity dismissals, not individual-capacity dismissals | Court: has jurisdiction over county and official-capacity dismissals; lacks jurisdiction over individual-capacity dismissals (those claims’ appeal dismissed) |
| Whether Denton County is immune from malicious-prosecution claim | Liverman: immunity waived or inapplicable (cites Manuel) | County: governmental immunity protects county; TTCA does not waive for intentional torts | Court: TTCA does not waive immunity for intentional torts; dismissal affirmed |
| Whether district attorneys (Johnson, Tomlin, Daniel, Sheguit) are protected when sued in official capacities | Liverman: officials liable despite official-capacity labels | Defendants: official-capacity suits are barred by governmental immunity that protects employers and officials | Court: immunity extends to officials sued in official capacities; claims dismissed |
| Whether Manuel v. City of Joliet applies to waive immunity or otherwise save the malicious-prosecution claims | Liverman: invoked Manuel (Fourth Amendment pretrial detention precedent) | Defendants: Manuel inapplicable to state-law immunity/TTCA claims | Court: declined to apply Manuel; not persuasive to overcome immunity |
Key Cases Cited
- Liverman v. State, 470 S.W.3d 831 (Tex. Crim. App. 2015) (criminal appeal and acquittal of the Liversmans)
- Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004) (plea to jurisdiction and burden to plead jurisdictional facts)
- Tex. Nat. Res. Conservation Comm’n v. IT-Davy, 74 S.W.3d 849 (Tex. 2002) (state retains immunity absent express legislative waiver)
- City of El Paso v. Heinrich, 284 S.W.3d 366 (Tex. 2009) (governmental immunity protects officials sued in their official capacities)
- Lehmann v. Har-Con Corp., 39 S.W.3d 191 (Tex. 2001) (final-judgment rule for appellate jurisdiction)