City of Elsa v. M.A.L., 226 S.W.3d 390 (Tex. 2007). · Go Syfert
City of Elsa v. M.A.L., 226 S.W.3d 390 (Tex. 2007). Cases Citing This Book View Copy Cite
G Cite
cited 5× by 5 distinct cases, 2009–2025 · 2 courts · …suits for injunctive relief may be maintained against governmental entities to remedy violations of the texas constitution. at p. 392
G Cite: 1 distinguished/criticized. Strongest: Trent Alvon Smith v. District Attorney Office for Wood County, Texas, and the 402-G District Court of Wood County, Texas (Cited "but see")
222 citation events (222 in the last 25 years) across 10 distinct courts.
Strongest positive: In Re City of Denton, Gerard Hudspeth, Mayor of Denton, Brian Beck, Mayor Pro Tem of Denton, Vicki Byrd, Paul Meltzer, Joe Holland, Brandon Chase McGee and Chris Watts, Members of the City Council of Denton, Sara Hensley, City Manager of Denton, and Doug Shoemaker, Chief of Police of Denton, in Their Official Capacities v. the State of Texas (texapp, 2025-03-19) · Strongest negative: Trent Alvon Smith v. District Attorney Office for Wood County, Texas, and the 402-G District Court of Wood County, Texas (texapp, 2014-11-07)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Trent Alvon Smith v. District Attorney Office for Wood County, Texas, and the 402-G District Court of Wood County, Texas
Tex. App. · 2014 · signal: but see · confidence high
But see City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007) (per curiam) (“[S]uits for injunctive relief may be maintained against governmental entities to remedy violations of the Texas Constitution.”).
examined Cited as authority (verbatim quote) In Re City of Denton, Gerard Hudspeth, Mayor of Denton, Brian Beck, Mayor Pro Tem of Denton, Vicki Byrd, Paul Meltzer, Joe Holland, Brandon Chase McGee and Chris Watts, Members of the City Council of Denton, Sara Hensley, City Manager of Denton, and Doug Shoemaker, Chief of Police of Denton, in Their Official Capacities v. the State of Texas (3×) also: Cited "see"
Tex. App. · 2025 · quote attribution · 2 verbatim quotes · confidence high
in this case we reaffirm . . . governmental entities may be sued for injunctive relief under the texas constitution.
examined Cited as authority (verbatim quote) Hester v. Human Services of Southeast Texas Inc (2×) also: Cited as authority (rule)
E.D. Tex. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
although there is no implied private right of action for damages against governmental entities for violations of the texas constitution, suits for equitable remedies for violation of constitutional rights are not prohibited.
discussed Cited as authority (verbatim quote) Kilgore Independent School District v. Darlene Axberg, John Claude Axberg, Sheila Anderson, and the State of Texas
Tex. App. · 2017 · quote attribution · 1 verbatim quote · confidence high
appeals court did not err by refusing to dismiss the plaintiffs' claims against city for injunctive relief on alleged constitutional violations
examined Cited as authority (verbatim quote) Texas Department of Family and Protective Services v. E.R. and J.R. (4×) also: Cited "see"
Tex. App. · 2009 · quote attribution · 1 verbatim quote · confidence high
in this case we reaffirm that . . . governmental entities may be sued for injunctive relief under the texas constitution.
examined Cited as authority (verbatim quote) Texas Department of Family and Protective Services v. E.R. and J.R. (3×) also: Cited "see"
Tex. App. · 2009 · quote attribution · 1 verbatim quote · confidence high
in this case we reaffirm that . . . governmental entities may be sued for injunctive relief under the texas constitution.
discussed Cited as authority (rule) Charles Wagner v. Lamar University, Lamar University Police Department and Hector Flores (2×)
Tex. App. · 2025 · confidence medium
Co. v. White, 548 U.S. 53, 64 (2006) .....................64 Burrell v. Newsome, 883 F.2d 416, 418 (5th Cir. 1989) .........................................60 Buxton v. City of Plant City, Fla., 871 F.2d 1037, 1042-43 (11th Cir. 1989) ........33 Charles v. Grief, 522 F.3d 508, 514 (5th Cir. 2008)................................................64 Chavez v. Andersen, 525 S.W.3d 382, 386 (Tex. App.—Houston [14th Dist.] 2017, no pet.) ..................................................................................................................62 City of Beaumont v. Bouillion, 896 S.W.2d 143,…
discussed Cited as authority (rule) Neil George Switkowski v. Courtney Sinclair Archbold (2×)
Tex. App. · 2025 · confidence medium
State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022) – Articulates the “historical tradition” test for constitutional analysis under the Second Amendment, applied here to review state authority over marriage and family law. • City of El Paso v. Heinrich, 284 S.W.3d 366 (Tex. 2009) – Defines scope of ultra vires actions and clarifies that officials may be sued to restrain acts beyond lawful authority. • City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007) – Reiterates that standing is a component of subject-matter jurisdiction that must exist at every stage of a procee…
discussed Cited as authority (rule) State of Texas v. City of San Antonio, Ron Niremberg, in His Official Capacity as Mayor of the City of San Antonio, and Erik Walsh, in His Official Capacity as City Manager of the City of San Antonio
Tex. App. · 2025 · confidence medium
After all, once the City disburses the funds, the constitutional violation—that is, the State’s in- jury—would be complete; and no post hoc relief could remedy that injury. “[T]he only remedies available in an ultra vires action” or a suit challenging the constitutionality of a local policy are “injunctive and declaratory relief.” Hollins, 620 S.W.3d at 410; see Rolling Plains Groundwater Conservation Dist. v. City of Aspermont, 353 S.W.3d 756, 760 (Tex. 2011) (per curiam); City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007) (per curiam).
discussed Cited as authority (rule) Jeanette Jimmerson of the Texas Military Department – Texas State Guard; Darren Fitzgerald of the Texas State Military – Texas State Guard; Joe Cave of the Texas Military Department – Texas State Guard; And Texas Military Department – Texas State Guard v. San Juanita Medeles (2×) also: Cited "see, e.g."
Tex. App. · 2025 · confidence medium
The Texas Supreme Court has repeatedly affirmed that sovereign immunity does not bar claims to compel state officials to conform their conduct to the law: “Sovereign immunity does not preclude prospective declaratory or injunctive relief against state officials who act without legal authority”[Texas Dep’t of Transp. v. Sefzik, 355 S.W.3d 618 , 621–22 (Tex. 2011); City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007)].
discussed Cited as authority (rule) Jeanette Jimmerson of the Texas Military Department – Texas State Guard; Darren Fitzgerald of the Texas State Military – Texas State Guard; Joe Cave of the Texas Military Department – Texas State Guard; And Texas Military Department – Texas State Guard v. San Juanita Medeles (2×) also: Cited "see, e.g."
Tex. App. · 2025 · confidence medium
The Texas Supreme Court has repeatedly affirmed that sovereign immunity does not bar claims to compel state officials to conform their conduct to the law: “Sovereign immunity does not preclude prospective declaratory or injunctive relief against state officials who act without legal authority”[Texas Dep’t of Transp. v. Sefzik, 355 S.W.3d 618 , 621–22 (Tex. 2011); City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007)].
discussed Cited as authority (rule) Spirit Aerosystems v. Paxton
5th Cir. · 2025 · confidence medium
Kenneth Paxton and Jane Nelson in their official capacities as Texas Attorney General and Secretary of State, respectively. 5 On May 13, 2024, the Attorney General rescinded the prior RTE and issued a revised RTE which stated: If you cannot reach agreement with the Office of the Attorney General on the scope of documents sought, you may attempt to obtain judicial review of the RTE before June 3, 2023 [sic] through a “suit for a declaratory judgment,” Humble Oil & Refining Company v. Daniel 259 S.W.2d 580, 588 (Tex. App.—Beaumont 1953) (writ ref’d N.R.E.), or a suit for injunctive relie…
discussed Cited as authority (rule) State of Texas v. City of San Antonio, Ron Niremberg, in His Official Capacity as Mayor of the City of San Antonio, and Erik Walsh, in His Official Capacity as City Manager of the City of San Antonio
Tex. App. · 2025 · confidence medium
It should do the same here. 20 Unless the Court issues temporary relief, it may not be able to issue adequate prospective injunctive relief in the future. “[T]he only remedies available in an ultra vires action” or challenges to the constitutionality of a local policy are “injunctive and declaratory relief.” Id.; see Rolling Plains Groundwater Conservation Dist. v. City of Aspermont, 353 S.W.3d 756, 760 (Tex. 2011) (per curiam); City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007) (per curiam).
discussed Cited as authority (rule) Texas Parks and Wildlife Department and John Silovsky, Wildlife Division Director v. RW Trophy Ranch, Ltd. and Robert Williams
Tex. App. · 2025 · confidence medium
According to Williams, the Department “should be called to task to explain why the alternative of harvest is not considered, even for deer that test positive for or are exposed to CWD.” Sovereign immunity does not bar a suit for equitable relief based upon an alleged violation of the Texas Constitution, City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007), but immunity is waived only insofar as the plaintiff pleads a viable constitutional claim.
cited Cited as authority (rule) State of Texas v. Harris County, Texas
Tex. App. · 2025 · confidence medium
City of Elsa v. M.A.L. explained that “suits for injunctive relief may be maintained against governmental entities to remedy violations of the Texas Constitution.” 226 S.W.3d 390, 392 (Tex. 2007).
discussed Cited as authority (rule) State of Texas v. Harris County, Texas (2×)
Tex. App. · 2025 · confidence medium
Unless the Court Issues Temporary Relief, It Will Be Precluded from Issuing Adequate Prospective Injunctive Relief in the Future. [T]he only remedies available in an ultra vires action” or challenges to the constitutionality of a local policy are “injunctive and declaratory relief.” Hollins, 620 S.W.3d at 410; see Rolling Plains Groundwater Conservation Dist. v. City of Aspermont, 353 S.W.3d 756, 760 (Tex. 2011) (per curiam) (“Generally, however, only prospective relief is available; retroactive relief dictated by a court is not.”); City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2…
discussed Cited as authority (rule) State of Texas v. Harris County, Texas
Tex. App. · 2025 · confidence medium
But 23 the Supreme Court of Texas has held that “‘suits for injunctive relief’ may be maintained against governmental entities to remedy violations of the Texas Constitution.” City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007) (per curiam) (quoting City of Beaumont v. Bouillion, 896 S.W.2d 143, 149 (Tex. 1995)).
discussed Cited as authority (rule) Edward Rudolph Turnbull, IV v. Commission for Lawyer Discipline, Daniela Grosz, Daniel Martinez, Seana Willing, John S. Brannon, Amanda Kates, Jenny Hodgkins, and the Board of Directors of the State Bar of Texas, Cindy v. Tisdale, Steve Benesh, Laura Gibson, Kennon Lily Wooten (2×)
Tex. App. · 2025 · confidence medium
Dist. v. Blue, 34 S.W.3d 547 (Tex. 2000) .................................................................................. 6 City of El Paso v. Heinrich, 284 S.W.3d 366 (Tex. 2009) .............................................................................. 20 City of Elsa v. M.A.L., 226 S.W.3d 390, 391 (Tex. 2007) .............................................................................. 14 City of Port Arthur v. Thomas, 659 S.W.3d 96 (Tex. App.—Beaumont 2022, no pet.) ..................................... 27 City of Webster v. Myers, 360 S.W.3d 51 (Tex. App.—Houston [1st Dist.] 20…
discussed Cited as authority (rule) Texas Department of Transportation v. Primary Media Group, Inc.
Tex. App. · 2024 · confidence medium
Also, “suits for injunctive relief may be maintained against governmental entities to remedy violations of the Texas Constitution.” City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007) (per curiam) (internal quotation and citation omitted).
discussed Cited as authority (rule) Liveable Arlington, Jade Cook, and Gibran Farah Esparza v. City of Arlington, Richard Gertson, Jim Ross, Helen Moise, Raul H. Gonzalez, Nikkie Hunter, Andrew Piel, Rebecca Boxall, Long Pham, Bowie Hogg, and Barbara Odom-Wesley
Tex. App. · 2024 · confidence medium
No Waiver by City Ordinance Appellants argue that the City waived immunity from suit on all of their claims because the GDPO states that “[a]ny person aggrieved by the actions of the City Council may present to a court of record a petition, duly verified, setting forth that such decision is illegal in whole or in part, and specifying the grounds of the illegality.” Appellants acknowledge that city charters do not waive governmental immunity by simply stating that the municipal corporation may “sue and be sued.” City of Elsa v. M.A.L., 226 S.W.3d 390, 391 (Tex. 2007).
cited Cited as authority (rule) White v. City of Arlington TX
N.D. Tex. · 2023 · confidence medium
City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007) (citing City of Beaumont v. Bouillion, 896 S.W.2d 143 (Tex. 1995)). 13 Pl.’s Am.
discussed Cited as authority (rule) Texas Education Agency Edward O'Neil, Director of Texas Education Agency And Mike Morath, Commissioner of Education v. Devereux Texas League City
Tex. App. · 2023 · confidence medium
Sovereign immunity is not a bar for suits seeking declaratory or injunctive relief for violations of constitutional rights. 1 See City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007) (suits for injunctive relief “may be maintained against governmental entities to remedy violations of the Texas Constitution”); City of Beaumont v. Bouillion, 896 S.W.2d 143, 149 (Tex. 1995) (“[S]uits for equitable remedies [including declaratory judgment] for violation of constitutional rights are not prohibited.”); Texas Health & Hum.
discussed Cited as authority (rule) AIM Media Texas, LLC D/B/A the Odessa American v. City of Odessa, Texas
Tex. App. · 2023 · confidence medium
City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007) (citing City of Beaumont v. Bouillion, 896 S.W.2d 143, 144, 149 (Tex. 1995)). 15 Appellant’s mandamus challenges the constitutionality of the trial court’s order granting Appellee’s plea to the jurisdiction and denying all relief sought by Appellant.
discussed Cited as authority (rule) Texas Woman's University v. Jody T. Rodriguez
Tex. App. · 2022 · confidence medium
Code Ann. § 21.258 (setting forth the types of equitable relief, including reinstatement, that are available under the TCHRA); City of Elsa v. M.A.L., 226 S.W.3d 390, 391 (Tex. 2007) (providing that equitable or injunctive relief may be available in some instances to remedy state constitutional violations by a governmental entity). 18 Rodriguez does not deny that both claims request similar relief.
discussed Cited as authority (rule) Texas Health and Human Services Commission And Cecile Erwin Young, Executive Commissioner of the Texas Health and Human Services Commission v. Sacred Oak Medical Center LLC
Tex. App. · 2022 · confidence medium
The Commission does not address Sacred Oak’s due-course-of-law claim, and it is well settled that “‘suits for injunctive relief’ may be maintained against governmental entities to remedy violations of the Texas Constitution.” City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007) (per curiam) (quoting City of Beaumont v. Bouillion, 896 S.W.2d 143, 149 (Tex.1995)).
cited Cited as authority (rule) Warren Kenneth Paxton, Jr., in His Official Capacity as the Attorney General of Texas v. Dolcefino Communications, LLC D/B/A Dolcefino Consulting
Tex. App. · 2021 · confidence medium
See Tex. Dep’t of Transp. v. Sefzik, 355 S.W.3d 618 , 622 & n.3 (Tex. 2011) (per curiam); City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007) (per curiam).
discussed Cited as authority (rule) Ruth R. Hughs, in Her Official Capacity as Secretary of State of the State of Texas v. Neal Dikeman, Shawn Kelly, Roy, Eriksen, Jared Wissel, Scott Ford, Billy Pierce, Christina Ford, Charlie Stevens, and Neko Antoniou
Tex. App. · 2020 · confidence medium
See generally Klumb, 458 S.W.3d at 13-14 (concluding the appellants did not present a viable equal protection claim where (1) neither a suspect classification nor a fundamental right was involved, and (2) the appellee’s actions were rationally related to certain government interests); Andrade, 345 S.W.3d at 11 (considering substance of equal protection claim against Secretary of State in reviewing ruling on a plea to the jurisdiction and explaining 6 City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007) (per curiam).
discussed Cited as authority (rule) Ruth R. Hughs, in Her Official Capacity as Secretary of State of the State of Texas v. Neal Dikeman, Shawn Kelly, Roy, Eriksen, Jared Wissel, Scott Ford, Billy Pierce, Christina Ford, Charlie Stevens, and Neko Antoniou
Tex. App. · 2020 · confidence medium
See generally Klumb, 458 S.W.3d at 13-14 (concluding the appellants did not present a viable equal protection claim where (1) neither a suspect classification nor a fundamental right was involved, and (2) the appellee’s actions were rationally related to certain government interests); Andrade, 345 S.W.3d at 11 (considering substance of equal protection claim against Secretary of State in reviewing ruling on a plea to the jurisdiction and explaining 6 City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007) (per curiam).
cited Cited as authority (rule) Ruth R. Hughs, in Her Official Capacity as Secretary of State of the State of Texas v. Neal Dikeman, Shawn Kelly, Roy, Eriksen, Jared Wissel, Scott Ford, Billy Pierce, Christina Ford, Charlie Stevens, and Neko Antoniou
Tex. App. · 2020 · confidence medium
Comm’n, 478 S.W.3d at 876 (citing Sawyer Trust, 354 S.W.3d at 388 ). 6 City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007) (per curiam).
cited Cited as authority (rule) Ruth R. Hughs, in Her Official Capacity as Secretary of State of the State of Texas v. Neal Dikeman, Shawn Kelly, Roy, Eriksen, Jared Wissel, Scott Ford, Billy Pierce, Christina Ford, Charlie Stevens, and Neko Antoniou
Tex. App. · 2020 · confidence medium
Comm’n, 478 S.W.3d at 876 (citing Sawyer Trust, 354 S.W.3d at 388 ). 6 City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007) (per curiam).
cited Cited as authority (rule) Northwest Independent School District v. K.R. and B.R., Individually and as Parents and Next Friends of C.R., a Minor Child
Tex. App. · 2020 · confidence medium
City of Elsa v. M.A.L, 226 S.W.3d 390, 392 (Tex. 2007) (citing City of 7 Beaumont v. Bouillion, 896 S.W.2d 143, 149 (Tex. 1995)).
cited Cited as authority (rule) El Paso Independent School District v. Michael McIntyre and Laura McIntyre, Individually and on Behalf of Their Minor Children, K. M., L. M., C. M., M. M., and L. M.
Tex. App. · 2018 · confidence medium
City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007)(per curiam) and City of Beaumont v. Bouillion, 896 S.W.2d 143, 149 (Tex. 1995).
discussed Cited as authority (rule) Gregory Baldwin v. City of Estherville, Iowa Matt Reineke, Individually and in His Official Capacity as an Officer of the Estherville Police Department and Matt Hellickson, Individually and in His Official Capacity as an Officer of the Estherville Police Department
Iowa · 2018 · confidence medium
In City of Elsa v. M.A.L., three former police officers brought a constitutional tort action against the city when it allegedly disclosed to the media they had left the force following positive drug tests. 226 S.W.3d 390, 391 (Tex. 2007) (per curiam).
discussed Cited as authority (rule) Cedrick Lamar Wilson v. State (2×)
Tex. App. · 2016 · confidence medium
See, e.g., 42 U.S.C. § 1983 (permitting civil causes of action for claims alleging that a governmental actor has violated an individual’s constitutional rights); Frazier v. Garrison I.S.D., 980 F.2d 1514, 1528 (5th Cir. 1993) (stating that a violation of a person’s right to • substantive due process “may require courts to void certain types of government action”); City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007) (noting that suits seeking equitable relief for violations of an individual’s constitutional rights are not prohibited); City of San Antonio v. TPLP Office Park Pro…
discussed Cited as authority (rule) City of Plainview Texas, William Mull, in His Official Capacity as Chief of Police of the City of Plainview Police Department, and Ken Coughlin, Capacity as Chief of Police of the City of Plainview Police Department v. Korey Ferguson
Tex. App. · 2016 · confidence medium
City of Fort Worth v. Jacobs, 382 S.W.3d 597, 599 (Tex. App.—Fort Worth 2012, pet. dism’d) (citing, inter alia, City of Seagoville v. Lytle, 227 S.W.3d 401, 414 (Tex. App.—Dallas 2007, no pet.); City of Elsa v. M.A.L., 226 S.W.3d 390, 391-92 (Tex. 2007)).
cited Cited as authority (rule) Chisholm Trail SUD Stakeholders Group v. Chisholm Trail Special Utility District and District Directors Delton Robinson, Ed Pastor, Mike Sweeney, James Pletcher, Robert Kostka, David Maserang, Gary Goodman, and Robert Johnson, Jr. The Public Utility Commission of Texas
Tex. App. · 2016 · confidence medium
See Tex. Lottery Comm 'n v. First State Bank of DeQueen, 325 S.W.3d 628, 634-635 (Tex. 2010); City of Elsa v. M.A.L., 226 S.W.3d 390, 391-92 (Tex. 2007); Lone Star Coli.
cited Cited as authority (rule) Brian Russell and Ronald Rumpf v. Texas Department of Criminal Justice
Tex. App. · 2016 · confidence medium
City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007) (per curiam) (citing City of Beaumont v. Bouillion, 896 S.W.2d 143, 144, 149 (Tex. 1995).
discussed Cited as authority (rule) Ward v. Lamar University
Tex. App. · 2016 · confidence medium
The trial court and the parties have not addressed whether injunctive relief is available in this circumstance to remedy violations of the Texas Constitution, cf. City of Elsa v, M.A.L., 226 S.W.3d 390, 392 (Tex.2007) (per curiam), or whether appellees’ sovereign immunity is waived in this circumstance under the Declaratory Judgments Act.
discussed Cited as authority (rule) the Texas Education Agency and Mike Morath, Commissioner of Education, in His Official Capacity v. Academy of Careers and Technologies, Inc. D/B/A Academy of Careers and Technologies Charter School (2×)
Tex. App. · 2015 · confidence medium
See Heinrich, 284 S.W.3d at 373 n. 6; City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007); City of Beaumont v. Bouillion, 896 S.W.2d 143, 149 (Tex. 1995) (determining that no private right for damages was permitted for violations of state constitutional rights and vacating jury award of damages).
discussed Cited as authority (rule) Suvi Orr v. the University of Texas at Austin, Gregory L. Fenves, Judith Langlois, and Shelby Stanfield, in Their Official Capacities Only
Tex. App. · 2015 · confidence medium
See City of El Paso v. Heinrich, 284 S.W.3d 366, 368 (Tex. 2009) (concluding that “while governmental immunity generally bars suits for retrospective monetary relief, it does not preclude prospective injunctive remedies in official-capacity suits against government actors who violate statutory or constitutional provisions”); City of Elsa v. M.A.L., 226 S.W.3d 390, 391 (Tex. 2007) (reaffirming that “governmental entities may be sued for injunctive relief under the Texas Constitution”). 3 In her reply brief, Orr states that her suit “does not challenge future discipline that UT may or …
cited Cited as authority (rule) Texas A&M University, Dave Parrott, and BG Joe Ramirez v. Gustavo Carapia
Tex. App. · 2015 · confidence medium
City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex.2007) (quoting City of Beaumont v. Bouillion, 896 S.W,2d 143, 149 (Tex.1995).
discussed Cited as authority (rule) Vicki Ward v. Lamar University, Texas State University System and James Simmons
Tex. App. · 2015 · confidence medium
The trial court and the parties have not addressed whether injunctive relief is available in this circumstance to remedy violations of the Texas Constitution, cf. City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007) (per curiam), or whether appellees’ sovereign immunity is waived in this circumstance under the Declaratory Judgments Act.
discussed Cited as authority (rule) Michael Hamilton v. Mark Washington, in His Capacity as City of Austin Civil Service Director Art Acevedo, in His Capacity as City of Austin Chief of Police The City of Austin, Gary Cobb and Stephen Edmonds, in Their Capacity as Members of Austin Firefighters
Tex. App. · 2014 · confidence medium
While suits for injunctive or equitable relief generally may be maintained against governmental entities to remedy constitutional violations, see City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007) (per curiam); City of Beaumont v. Bouillion, 896 S.W.2d 143, 149 (Tex. 1995); City of Arlington v. Randall, 301 S.W.3d 896, 906 (Tex. App.—Fort Worth 2009, pet. denied), we have already held that on the facts of this case, the doctrine of exclusive jurisdiction deprived the district court of jurisdiction over Hamilton’s request for reinstatement.
cited Cited as authority (rule) the City of El Paso v. John Fox
Tex. App. · 2014 · confidence medium
City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex.2007); Bustillos, 324 S.W.3d at 205 , citing City of Beaumont v. Bouillion, 896 S.W.2d 143 , 144 & 149 (Tex.1995).
discussed Cited as authority (rule) Texas Music Library and Research Center v. Texas Department of Transportation and Phil Wilson, Executive Director
Tex. App. · 2014 · confidence medium
The Texas Supreme Court has observed that “suits for injunctive relief may be maintained against governmental entities to remedy violations of the Texas Constitution.” City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex. 2007) (per curiam) (quotations omitted).
discussed Cited as authority (rule) Lone Star College System and Richard Carpenter v. Immigration Reform Coalition of Texas (IRCOT)
Tex. App. · 2013 · confidence medium
See id. at 634-35 ; City of Elsa v. M.A.L., 226 S.W.3d 390, 391-92 (Tex.2007); Town of Flower Mound v. Rembert Enters., 369 S.W.3d 465, 474 (Tex.App.-Fort Worth 2012, pet. denied); Gatesco Q.M., Ltd. v. City of Houston, 333 S.W.3d 338, 347-48 (Tex.App.-Houston [14th Dist.] 2010, no pet.).
discussed Cited as authority (rule) City of McKinney v. Hank's Restaurant Group, L.P.
Tex. App. · 2013 · confidence medium
Also, “suits for in-junctive relief may be maintained against governmental entities to remedy violations of the Texas Constitution.” City of Elsa v. M.A.L., 226 S.W.3d 390, 392 (Tex.2007) (per curiam) (internal quotation and citation omitted).
discussed Cited as authority (rule) Todd C. Brennan, Valerie S. Smith, Frank Gallison, Nanette Gallison, Rebecca Hanley, Gordon Hiebert, Kimberly Hiebert, William Hood, Leonila Hood, Layne Kasper, Jessica Kasper, James Kitchen, Martha Kitchen, Shaun Kretzschmar, Natalie Kretzschmar v. City of Willow Park, Texas City of Aledo, Texas Parker County Appraisal District Parker County Appraisal Review Board And Larry Hammonds
Tex. App. · 2012 · confidence medium
City of Elsa v. M.A.L ., 226 S.W.3d 390, 391 (Tex. 2007) (concluding court of appeals did not err by refusing to dismiss plaintiffs’ claims against governmental entities for injunctive relief based on alleged constitutional violations).
Retrieving the full opinion text from the archive…
CITY OF ELSA, Texas, Petitioner,
v.
M.A.L., Et Al., Respondents
06-0516.
Texas Supreme Court.
Jun 1, 2007.
226 S.W.3d 390
2007 Tex. LEXIS 476
2007 WL 1576016
J. Arnold Aguilar, John Joseph Jordan, Law Office of J. Arnold Aguilar, Brownsville, for Petitioner. Miguel A. Pruneda Jr., The Pruneda Law Firm, P.L.L.C., Pharr, TX, for Respondent. Page 391
Per Curiam.
Cited by 150 opinions  |  Published
[*391] PER CURIAM.

In this case we reaffirm that (1) “sue and be sued” provisions in city charters do not waive immunity from suit for monetary damages, and (2) governmental entities may be sued for injunctive relief under the Texas Constitution.

This case arose after three police officers resigned from the City of Elsa’s police force. A local news station reported that the police officers left the force after positive drug tests. The three officers then sued the City, alleging that it had improperly disclosed medical information under the Medical Practice Act, Tex. Occ.Code §§ 159.001-.010, had improperly disclosed information not subject to the Open Records Act, Tex. Gov’t Code §§ 552.001-.353, and had engaged in “deprivations of privacy and confidential rights, privileges and immunities secured by the laws and Constitution of Texas under Article I, Section 8 and 19.” The former officers generally alleged entitlement to monetary damages. They also sought equitable and injunctive relief for the alleged constitutional violations.

The City filed a plea to the jurisdiction, which the trial court denied. The City then filed an interlocutory appeal of the denial of its plea. The Thirteenth Court of Appeals affirmed in part and reversed in part. 192 S.W.3d 678.

The court of appeals affirmed the trial court’s denial of the plea as to the statutory claims, holding that a “sue and be sued” provision in the City’s charter waived the City’s immunity from suit. Id. at 681-82. The court reversed and remanded the trial court’s denial of the plea as to the constitutional claims. As to the alleged constitutional violations the court of appeals held that to the extent the plaintiffs’ pleadings sought monetary damages, such claims were invalid but that equitable relief could be sought. Concluding that the plaintiffs’ request for injunc-tive relief merely asked for an injunction to prevent the City “from taking any further action that would jeopardize” their employment and liberty interests, the pleadings “failed to affirmatively demonstrate the trial court’s jurisdiction over their claim for prospective injunctive relief’ because the plaintiffs pleaded only “mere fear or apprehension of possible injury” in the future. The constitutional claims were remanded to allow plaintiffs to amend their petition.

After the court of appeals issued its decision, we held that a “sue and be sued” provision in a city charter does not, by itself, constitute an unambiguous waiver of governmental immunity. See Tooke v. City of Mexia, 197 S.W.3d 325, 344 (Tex.2006); Reata Constr. Corp. v. City of Dallas, 197 S.W.3d 371, 378 (Tex.2006). The court of appeals’ decision regarding statutory claims is inconsistent with our holdings in Tooke and Reata. We therefore reverse the part of the court of appeals’ judgment that affirmed denial of the City’s plea to the jurisdiction as to the claims for monetary relief.

The City further asserts that the court of appeals should have dismissed the claims for injunctive relief rather than remanding those claims to the trial court. The City argues that the trial court lacks jurisdiction over the case because the plaintiffs sought injunctive relief against the City itself, rather than against the officials alleged to have committed unauthorized acts. The City relies on Bagg v. University of Texas Medical Branch at Galveston, 726 S.W.2d 582 (Tex.App.Houston [14th Dist.] 1987, writ ref'd n.r.e.), in support of this argument. In Bagg, the court of appeals held that “when a plaintiff seeks injunctive relief that involves an activity of a state agency he must sue some[*392] individual in authority at that agency; he may not sue the agency itself.” Id. at 584-85. The court in Bagg reasoned that “[ujnlawful or unauthorized actions are not considered acts of the state.... If the alleged wrongful actions are not state actions, the state cannot be the proper party to sue.” Id. at 585.

The Bagg holding is inconsistent with this Court’s later holding in City of Beaumont v. Bouillion, 896 S.W.2d 143 (Tex.1995). In Bouillion, we held that although there is no “implied private right of action for damages against governmental entities for violations of the Texas Constitution,” suits for “equitable remedies for violation of constitutional rights are not prohibited.” Id. at 144, 149. We stated that “suits for injunctive relief’ may be maintained against governmental entities to remedy violations of the Texas Constitution. Id. at 149. After our decision in Bouillion, the Fourteenth Court of Appeals acknowledged Bagg was no longer good law, stating that “[sjince this court’s Bagg decision, the Texas Supreme Court, in the City of Beaumont v. Bouillion has held that while there is no cause of action for damages for the violation of state constitutional rights, a plaintiff whose constitutional rights have been violated may sue the state for equitable relief.” Vriesendorp v. M.D. Anderson Cancer Ctr., No. 14-97-00354-CV, 1998 Tex.App. LEXIS 4146, 1998 WL 386320 (Tex.App.-Houston [14th Dist.] July 9, 1998, pet. denied) (not designated for publication). We conclude that the court of appeals did not err by refusing to dismiss the plaintiffs’ claims for injunctive relief based on alleged constitutional violations.

Accordingly, we grant the City’s petition for review. Without hearing oral argument, Tex.R.App. P. 59. 1, we reverse the part of the court of appeals’ judgment affirming denial of the plea to the jurisdiction as to the claims for monetary relief and we order that those claims be dismissed. We affirm the part of the court of appeals’ judgment that remands the claims for injunctive relief to the trial court.