Texas Department of Criminal Justice-Community Justice Assistance Division v. Campos
387 S.W.3d 735
Tex. App.2011Background
- Appellants CJAD and CSCD challenged a TTCA claim suit brought by Campos, Gonzalez, and Valero against CJAD, CSCD, Nueces County, SATF, and two guards for injuries arising from alleged sexual harassment/assault in 1999.
- Plaintiffs initially alleged premises defects, use of tangible personal property, and negligent hiring/training/supervision; suit involves TTCA waiver of sovereign immunity and federal rights under 42 U.S.C. § 1983.
- Nueces County first plea to the jurisdiction was granted but reversed on appeal; Campos I remanded, amendments were filed and parties settled with Nueces County, SATF was dropped, leaving CJAD and CSCD as defendants.
- On remand, trial court granted a later plea to the jurisdiction; Campos II again remanded for further development of jurisdictional facts, with discovery still in progress by 2009.
- In 2010, CJAD and CSCD separately renewed pleas to the jurisdiction; the trial court denied the pleas and struck an affidavit by CJAD director Welebob; the appeal follows.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CSCD received proper TTCA notice | Campos argues written or actual notice to CSCD was provided or unnecessary due to actual notice. | CSCD had no timely written or actual notice; TTCA prerequisites are jurisdictional. | Issue sustained; CSCD lacked proper notice, depriving trial court of TTCA jurisdiction. |
| Nexus between claims and CJAD | Campos alleges CJAD controlled SATF premises and policy, enabling liability for premises and related negligence. | CJAD did not design SATF, approve cameras, or control hiring/training; no nexus shown. | Issue overruled; pleadings alleged sufficient nexus between CJAD and claims to support jurisdiction. |
| Negligence claims under TTCA | negligent hiring, training, and supervision fall within TTCA waiver via tangible property use. | Pet tainted claims; training negligence not tied to tangible property; immunity may apply. | Issue overruled; TTCA waives immunity for negligent hiring/training/supervision when tied to tangible property use. |
| Premises liability within TTCA waiver | CJAD design and control of SATF premises caused injuries; premises defects fall within TTCA. | Design decisions are discretionary and immune from TTCA waiver. | Issue sustained; premises claims based on design decisions are immune and not within TTCA waiver. |
| Striking of CJAD’s affidavit | Affidavit should stand to support jurisdictional facts; credibility not addressed. | Affidavit lacks personal knowledge verification and is improperly verified. | Issue overruled; trial court did not err in striking the affidavit due to lack of proper verification. |
Key Cases Cited
- Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547 (Tex. 2000) (plea to jurisdiction mirrors summary judgment in some respects)
- Tex. Dep’t of Transp. v. Jones, 8 S.W.3d 636 (Tex. 1999) (jurisdictional challenges and evidence standard)
- Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440 (Tex. 1993) (burden to plead jurisdictional facts; liberal construction)
- Miranda, 133 S.W.3d 217 (Tex. 2004) (de novo standard for jurisdictional fact review; evidence limits)
- Campos v. Nueces County (Campos I), 162 S.W.3d 778 (Tex.App.-Corpus Christi 2005) (premises defect theory can invoke TTCA jurisdiction; discovery need)
- Campos v. Tex. Dep’t of Criminal Justice (Campos II), 385 S.W.3d 35 (Tex.App.-Corpus Christi 2009) (discovery development and jurisdiction clarified)
- Tex. Dep’t of Public Safety v. Petta, 44 S.W.3d 575 (Tex. 2001) (negligent training claims not cognizable when they do not involve tangible property)
- Bruen v. Univ. of Tex. Health Sci. Ctr., 92 S.W.3d 24 (Tex. App.-San Antonio 2002) (design decisions discretionary; immunity not waived)