At page 631 Jurisdiction of state courts over federal civil rights claims7 citing cases“Rose, 496 U.S. 356, 110 S.Ct. 2430, 110 L.Ed.2d 332 (1990), the Court held that a state court could not refuse to entertain a section 1983 claim on the ground that it was barred by the defense of sovereign immunity.”
- Ling Huang v. John Hackbarth, No. 09-24-00329-CV (Tex. App.—Beaumont Aug. 21, 2025).published In this case, “[i]f Ms. Brinkman’s personal injury claim was not fully litigated in the divorce action, it certainly could have been with the use of diligence, as is required by the principles of res judicata.” Id. (citing Barr, 837 S.W.2d…
- Samuel San Miguel v. Michael Searcy, No. 15-24-00026-CV (Tex. App.—15th Dist. Jan. 30, 2025).publishedSee Howlett By & Through Howlett v. Rose, 496 U.S. 356, 358 (1990); Thomas v. Allen, 837 S.W.2d 631, 631-32 (Tex. 1992).
- Robert R. Burchfield v. Prosperity Bank, 408 S.W.3d 542 (Tex. App.—Houston [1st Dist.] 2013).published Barr, 837 S.W.2d at 631.
- Wallace Delayne Smith v. State, No. 06-03-00233-CR (Tex. App.—Texarkana May 5, 2004).unpublishedThe Texas Supreme Court held that a "transaction" is not equivalent to a sequence of events, but rather the determination is to be made pragmatically "giving weight to such considerations as whether the facts are related in time, space, or…
- Heard v. Moore, 101 S.W.3d 726 (Tex. App.—Texarkana 2003).published Specifically, Appellees point to the Texas Supreme Court’s statement in Barr that: “[a] subsequent suit will be barred if it arises out of the same subject matter of a previous suit and which through the exercise of diligence, could have b…
- Ingersoll-Rand Co. v. Valero Energy Corp., 997 S.W.2d 203 (Tex. 1999).published We held in Barr [v. Resolution Trust Corp.] that “[a] subsequent suit will be barred if it arises out of the same subject matter of a previous suit and which, through the exercise of diligence, could have been litigated in a prior suit.” 8…
- in Re: Avery Thomas Reed, No. 06-06-00119-CV (Tex. App.—Texarkana Dec. 15, 2006).publishedSee Barr , 837 S.W.2d at 631.
At page 632 State courts cannot refuse section 1983 claims based on sovereign immunity7 citing casesTexas courts may not refuse to hear valid section 1983 claims based on sovereign immunity
- Doe v. Valentine, No. 2:19-cv-00254 (E.D. Tex. Mar. 30, 2021).No. 51 at 22 (citing Thomas v. Allen, 837 S.W.2d 631, 632 (Tex.1992)(citing Howlett v. Rose, 496 U.S. 356 , (1990))).
- WBD Oil & Gas Co. & WBD Oil & Gas Co., Inc. v. R.R. Comm'n of Texas Greg Abbott, in His Off. Capacity as Attorney Gen. of the State of Texas Anadarko Petroleum Corp. MidCon Gas Servs. Corp. Nat. Gas Pipeline Co. of Am. Midgard Energy Co. & Conoco Inc., No. 03-97-00002-CV (Tex. App.—Austin Aug. 14, 2003).published(Texas courts may not refuse to hear valid section 1983 claims based on sovereign immunity)
- Sauls v. Montgomery Cnty., 18 S.W.3d 310 (Tex. App.—Beaumont 2000).published“a state court c[an] not refuse to entertain a section 1983 claim on the ground that it [is] barred by the defense of sovereign immunity”
- City of New Braunfels, Texas v. Carowest Land, Ltd., 432 S.W.3d 501 (Tex. App.—Austin 2014).published(explaining that state court may not refuse to entertain federal Section 1983 claim on ground that it is barred by sovereign immunity)
- City of Dallas v. Saucedo-Falls, 268 S.W.3d 653 (Tex. App.—Dallas 2008).publishedSee Thomas v. Allen, 837 S.W.2d 631, 632-33 (Tex.1992); Myers, 728 S.W.2d at 772 . 3 .
- Harris Cnty. Texas v. Kassandra Deary, No. 01-23-00516-CV (Tex. App.—Houston [1st Dist.] Jan. 23, 2024).publishedSee Howlett v. Rose, 496 U.S. 356, 376 (1990) (“Municipal defenses—including an assertion of sovereign immunity—to a federal right of action are, of course, controlled by federal law.” (quoting Owen, 445 U.S. at 647 n.30)); see also Thomas…
At page 633 “We held that plaintiff had not alleged more than merely negligent conduct, which is necessary for recovery under section 1983, see Daniels v.”2 citing cases
- RWayne Johnson v. Gerald & Vicki Cornelius, No. 07-11-00091-CV (Tex. App.—Amarillo Sept. 28, 2011).publishedSee generally Nevada v. Hicks, 533 U.S. 353, 366 , 121 S.Ct.2304, 2313-14, 150 L.Ed.2d 398 (2001) ("It is certainly true that state courts of `general jurisdiction' can adjudicate cases invoking federal statutes, such as § 1983, absent con…
- City of Grand Prairie v. Sisters of the Holy Fam. of Nazareth, 868 S.W.2d 835 (Tex. App.—Dallas 1993).publishedSee Middlesex County Ethics Comm. v. Garden State Bar Ass’n, 457 U.S. 423, 436 , 102 S.Ct. 2515, 2423 , 73 L.Ed.2d 116 (1982); Steffel v. Thompson, 415 U.S. 452, 472-73 , 94 S.Ct. 1209, 1222 , 39 L.Ed.2d 505 (1974); Thomas v. Allen, 837 S.…
“Discovery should put a claimant on notice of any need for alternative pleading.”
- Nancy Alanis v. U.S Bank Nat'l Ass'n, as Successor Tr. to Bank of Am., Nat'l Ass'n, as Successor by Merger to Lasalle Bank, M.A., as Tr. for the MLMI Trust Series 2006-He6, Nationstar Mortg., LLC D/B/A Mr. Cooper, No. 04-21-00021-CV (Tex. App.—San Antonio Aug. 31, 2022).published“Discovery should put a claimant on notice of any need for alternative pleading.”
- Gene C. Steele v. Velma Duke, Indep. of the Est. of Floyd Duke, Jr., No. 10-10-00045-CV (Tex. App.—Waco Mar. 28, 2012).published“Modern rules of procedure obviate the need to give parties two bites at the apple, as was done in Griffin, to ensure that a claim receives full adjudication. Discovery should put a claimant on notice of any need for al…”
- Basic Capital Mgmt., Inc. v. Dynex Cap, 976 F.3d 585 (5th Cir. 2020).published“Discovery should put a claimant on notice of any need for alternative pleading. Moreover, if success on one theory becomes doubtful because of developments during trial, a party is free to seek a trial amendment.”
“[A] final judgment on an action extinguishes the right to bring suit on the transaction, or series of connected transactions, out of which the action arose.”
- Nancy Alanis v. U.S Bank Nat'l Ass'n, as Successor Tr. to Bank of Am., Nat'l Ass'n, as Successor by Merger to Lasalle Bank, M.A., as Tr. for the MLMI Trust Series 2006-He6, Nationstar Mortg., LLC D/B/A Mr. Cooper, No. 04-21-00021-CV (Tex. App.—San Antonio Aug. 31, 2022).published“[A] final judgment on an action extinguishes the right to bring suit on the transaction, or series of connected transactions, out of which the action arose.”
- Union Pac. R. Co. v. Harris Cnty., Tex., 790 F. Supp. 2d 568 (S.D. Tex. 2011).published“[A] final judgment on an action extinguishes the right to bring suit on the transaction, or series of connected transactions, out of which the action arose.”
Other citing cases
- Layne Walker v. Stephen Hartman, No. 09-19-00061-CV, 2020 WL 1465973 (Tex. App.—Beaumont Mar. 26, 2020).published
- Dos Republicas Coal P'ship v. David Saucedo, as Floodplain Adm'r & Cnty. Judge of the Maverick Cnty. Commissioners Court, & the Maverick Cnty. Commissioners Court, No. 13-14-00725-CV (Tex. App.—Corpus Christi Apr. 2, 2015).published
- Darren B. Swain v. Corporal Jason Hutson, Officer Dora Dewall, Sergeant Daniel Henning, Court Clerk Norma Williams, Judge Stewart Milner, Judge Rosalia Maddock, & Does 1-5, No. 02-09-00038-CV (Tex. App.—Fort Worth Oct. 8, 2009).published
v.
J.W. ALLEN and T. Ontiveros, Respondents
Dan Thomas, an inmate in the Texas Department of Corrections, sued two prison guards for using excessive force while transporting him between correctional facilities. He asserts causes of action based upon state law and upon 42 U.S.C. § 1983 (1981). [1] The district court dismissed Thomas’ entire suit for want of jurisdiction. [2] The court of appeals reversed the dismissal of Thomas’ state law claim and remanded it for further proceedings, but held that the trial court “did not abuse its discretion in declining to assume jurisdiction of the § 1983” claim. 822 S.W.2d 816, 817. The court explained: “State courts have jurisdiction to hear civil rights suits based on § 1983, Maine v. Thiboutot, 448 U.S. 1, 3 n. 1, 100 S.Ct. 2502, 2503 n. 1, 65 L.Ed.2d 555 (1980), but the United States Supreme Court has never held that state courts are required to hear § 1983 claims. Martinez v. California, 444 U.S. 277, 283-84 n. 7, 100 S.Ct. 553, 558-59 n. 7, 62 L.Ed.2d 481 (1980). Id.
Although the latter statement was true in 1980 when Martinez was decided, it is no longer so. In Howlett v. Rose, 496 U.S. 356, 110 S.Ct. 2430, 110 L.Ed.2d 332 (1990), the Court held that a state court could not refuse to entertain a section 1983 claim on the ground that it was barred by the defense of sovereign immunity. In a unanimous opinion, the Court stated: “A state court may not deny a federal right, when the parties and controversy are properly before it, in the absence of a ‘valid excuse.’ ” Id. at 356, 110 S.Ct. at 2432; see also Testa v. Katt, 330 U.S. 386, 392, 67 S.Ct. 810, 814, 91 L.Ed. 967 (1947); Martinez v. California, 444 U.S. 277, 283-84 n. 7, 100 S.Ct. 553, 558-59 n. 7, 62 L.Ed.2d 481 (1980) (“We note that where the same type of claim, if arising under state law, would be enforced in the state courts, the state courts are generally not free to refuse enforcement of the federal claim”). The Court in Howlett further observed: “[o]n only three occasions have we found a valid excuse for a state court’s refusal to entertain a federal cause of action. Each of [those occasions] involved a neutral rule of judicial administration.” 496 U.S. at 374, 110 S.Ct. at 2442, citing Douglas v. New York, N.H. & H.R. Co., 279 U.S. 377, 49 S.Ct. 355, 73 L.Ed. 747 (1929) (state court’s dismissal of both federal and state claims permitted where neither party resided in forum state); Herb v. Pitcairn, 324 U.S. 117, 65 S.Ct. 459, 89 L.Ed. 789 (1945) (state court’s dismissal of FELA action because it arose outside court’s territorial jurisdiction did not discriminate against federal claim); Missouri ex rel. Southern R. Co. v. Mayfield, 340 U.S. 1, 71 S.Ct. 1, 95 L.Ed. 3 (1950) (state court could dismiss FELA claim based upon forum non conveniens only if doctrine not applied so as to discriminate against FELA claims). None of those exceptions apply in this case, and there are no other neutral state interests in judicial administration that would warrant the district court’s dismissal of Thomas’ federal[*633] cause of action. Thus, the court of appeals erred in affirming the dismissal of Thomas’ section 1983 claims.
In Myers v. Adams, 728 S.W.2d 771 (Tex.1987) (per curiam), we reviewed a trial court’s dismissal of a prisoner’s section 1983 claim for want of jurisdiction. We upheld the dismissal, but not on jurisdictional grounds. We held that plaintiff had not alleged more than merely negligent conduct, which is necessary for recovery under section 1983, see Daniels v. Williams, 474 U.S. 327, 106 S.Ct. 662, 88 L.Ed.2d 662 (1986), and had failed to show the inadequacy of state remedies to redress his alleged loss, see Parratt v. Taylor, 451 U.S. 527, 101 S.Ct 1908, 68 L.Ed.2d 420 (1981). The basis for our decision in Afters — plaintiff’s inability to show a meritorious claim — does not conflict with Howlett.
We express no opinion, of course, on whether Thomas is entitled to recover on his section 1983 claim. We hold only that the district court must entertain the claim. Accordingly, a majority of this Court grants Thomas’ application for writ of error, reverses the judgment of the court of appeals as to his federal claim, affirms it as to his state claim, and remands the case to the district court for further proceedings. Tex.R.App.P. 170.
. Section 1983 states in pertinent part: “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.”
. Regarding Thomas’ section 1983 claims, the district court stated only: "The Court has determined that the plaintiff brings suit pursuant to 42 U.S.C. Sec. 1983. Accordingly this Court is without jurisdiction. Therefore, this suit is dismissed.”