TTCA waives sovereign immunity in Texas

2014The TTCA waives sovereign immunity for some torts, but not for claims “arising out of assault and battery, false imprisonment, or any other intentional tort.” Texas Dep’t of Public Safety v. Petta, 44 S.W.3d 575, 580 (Tex. 2001). 10 Neither party contests whether Norville was a Texas Tech employee at the time of the assault. 11 “Scope of employment” is defined by the TTCA as “the performance for a governmental unit of the duties of an employee’s office or employment and includes being in or about the performance of a task lawfully assigned to an employee by competent authority.” Section 101.00

2005Although the TTCA waives sovereign immunity for claims that an officer negligently carried out governmental policy, Texas Department of Public Safety v. Petta , 44 S.W.3d 575, 580 (Tex. 2001), the negligent implementation theory of liability does not itself waive immunity.

2019Petta, 44 S.W.3d at 580 (“We have also said . . . that the Tort Claims Act waives sovereign immunity from suit for claims that an officer negligently carried out governmental policy.”); City of Brownsville v. Alvarado, 897 S.W.2d 750, 754 (Tex. 1995); Nueces County v. Ferguson, 97 S.W.3d 205, 223 (Tex. App.— Corpus Christi–Edinburg 2002, no pet.) (“Since Ferguson did not assert any claim that 1 While discretionary policy decisions are exempt from TTCA waivers, decisions and actions at the operational level are not.

2012Petto, 44 S.W.3d at 580 ; see City of Brownsville v. Alvarado, 897 S.W.2d 750, 754 (Tex.1995).

2015Dallas Area Rapid Transit v. Whitley, 104 S.W.3d 540, 542 (Tex. 2003).

2015Dallas Area Rapid Transit v. Whitley, 104 S.W.3d 540, 542 (Tex. 2003); King, 329 S.W.3d at 879 .

2002Able, 35 S.W.3d at 611 ; Lowe v. Texas Tech Univ., 540 S.W.2d 297, 298 (Tex.1976).

2002Able , 35 S.W.3d at 611 ; Lowe v. Texas Tech Univ. , 540 S.W.2d 297, 298 (Tex. 1976).

2020The TTCA waives sovereign immunity in “three areas when the statutory requirements are met: (1) use of publicly owned automobiles; (2) injuries arising out of a condition or use of tangible personal property; and (3) premises defects.” Sampson v. Univ. of Tex. at Austin, 500 S.W.3d 380, 384 (Tex. 2016); TEX.CIV.PRAC. & REM.CODE ANN. §§ 101.021, 101.022.

2019Petta, 44 S.W.3d at 580 (“We have also said . . . that the Tort Claims Act waives sovereign immunity from suit for claims that an officer negligently carried out governmental policy.”); City of Brownsville v. Alvarado, 897 S.W.2d 750, 754 (Tex. 1995); Nueces County v. Ferguson, 97 S.W.3d 205, 223 (Tex. App.— Corpus Christi–Edinburg 2002, no pet.) (“Since Ferguson did not assert any claim that 1 While discretionary policy decisions are exempt from TTCA waivers, decisions and actions at the operational level are not.

2005Rivera , 146 S.W.3d at 338 ; Guadalupe-Blanco River Auth. v. Pitonyak , 84 S.W.3d 326, 342 (Tex. App.—Corpus Christi 2002, no pet.).

2004See City of Bowling Green, 313 N.E.2d at 410, 411 (noting in "Syllabus by the Court" that appellant's challenge to which public-trust doctrine applied was raised "apart from any issue [of] sovereign immunity" and treating the two holdings separately in opinion). [6] Justice Keyes's dissenting opinion asserts that our holding "contravenes the plain language of the applicable statute, the TTCA...." The TTCA waives sovereign immunity from suit, but does not confer it.