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Texas Department of Criminal Justice-Community Justice Assistance Division v. Campos

The Texas Department of Criminal Justice Community Justice Assistance Division brings this interlocutory appeal from the denial of its plea to the jurisdiction as to claims for damages related to actions of two Nueces County Substance Abuse Treatment Facility officers. A cause of action for negligent supervision or training must satisfy the Texas Tort Claims Act use of tangible property requirement. The court of appeals' judgment is reversed and the claims are dismissed. Texas Supreme Court, No. 11-0728, 10-26-2012.

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The Texas Department of Criminal Justice Community Justice Assistance Division (TDCJ) brings this interlocutory appeal from the denial of its plea to the jurisdiction as to claims for damages related to actions of two Nueces County Substance Abuse Treatment Facility (SATF) officers. The claims against TDCJ based on the use of tangible property involved intent to accomplish intentional torts, and its plea to the jurisdiction as to those claims should have been granted. Its plea as to the remaining claims also should have been granted because there was no allegation that those claims resulted from the use of tangible property. We reverse and render judgment dismissing the claims against TDCJ for want of jurisdiction.

Luzelma Campos, Betty Jo Gonzalez, and Misty Valero (collectively, the Plaintiffs) were referred to the SATF for detention. The SATF is operated by the local Community Supervision and Corrections Department (CSCD). See TEX. GOV’T CODE §§ 76.004(b), 76.006(a)–(b). TDCJ furnishes administrative and technical assistance to the SATF, including officer training and certification. See id. §§ 509.003–.005, 509.008–.009.

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