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City of Fort Worth v. Davidsaver

Appellants bring this interlocutory appeal challenging the trial court's order denying their plea to the jurisdiction. In a single issue, appellants argue that the officer's claims stemming from the scoring of his police officer promotional exam may be raised only by the city's police officers association and that he lacks standing to pursue these claims individually in district court. Because the pleadings and the undisputed evidence show that the officer does not have standing to sue under either the agreement or the applicable statutes as a matter of law, the Fort Worth Court of Appeals sustained appellants' issue and held that the trial court erred by denying their plea to the jurisdiction. Fort Worth Court of Appeals, No. 2-09-458-CV, 08-03-2010

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OPINION

I. INTRODUCTION

Appellants City of Fort Worth and City of Fort Worth Firefighters’ and Police Officers’ Civil Service Commission bring this interlocutory appeal challenging the trial court’s order denying their plea to the jurisdiction. In a single issue, appellants argue that appellee Samuel Davidsaver’s claims stemming from the scoring of his police officer promotional exam may be raised only by the Fort Worth Police Officers Association and that he lacks standing to pursue these claims individually in district court. Because we agree that Officer Davidsaver does not have standing to sue appellants, we reverse the trial court’s order and dismiss Officer Davidsaver’s claims against appellants for lack of subject matter jurisdiction.

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