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Quarterman v. Hampton

Appellants bring this interlocutory appeal of the trial court's order denying the motion to dismiss filed by the Texas Department of Criminal Justice (TDCJ). In their sole issue, appellants contend the trial court erred by denying the motion because �101.106(e) of the Texas Civil Practice and Remedies Code requires dismissal of this suit filed against TDCJ employees in their individual capacities by appellee, an inmate in the TDCJ. The trial court properly denied TDCJ's motion to dismiss under �101.106(e) because no suit was filed against TDCJ, the governmental unit, as required for dismissal under that subsection. Houston's 1st Court of Appeals, No. 01-09-01061-CV, 06-28-2010

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OPINION

Appellants, Nathaniel Quarterman, Steve Massie, David Turrubiarte, Julia Humphrey, and Juan Jackson (the “Employees”) bring this interlocutory appeal of the trial court’s order denying the motion to dismiss filed by the Texas Department of Criminal Justice (TDCJ). See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(5) (Vernon 2008); Singleton v. Casteel, 267 S.W.3d 547, 550 (Tex. App.–Houston [14th Dist.] 2008, pet. denied) (appellate court has jurisdiction to consider interlocutory appeal from denial of motion to dismiss filed under Section 101.106(e) of Texas Civil Practice and Remedies Code). In their sole issue, the Employees contend the trial court erred by denying the motion because Section 101.106(e) of the Texas Civil Practice and Remedies Code requires dismissal of this lawsuit filed against TDCJ employees in their individual capacities by appellee, Robert Hampton, an inmate in the TDCJ. We conclude the trial court properly denied TDCJ’s motion to dismiss under Section 101.106(e) because no suit was filed against TDCJ, the governmental unit, as required for dismissal under that subsection. We affirm.

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