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Anderson v. Bessman

After the University of Texas Medical Branch at Galveston terminated a number of its faculty positions, a group of faculty members sued the provost and several department chairs (the administrators). The trial court denied the administrators Texas Tort Claims Act §101.106(f) motion to dismiss. The trial court erred in refusing to dismiss the claims against them because the decisions they made and carried out fell within the scope of their employment, and thus §101.106(f) precludes a suit against them in their individual capacities. The trial court's denial is reversed and remanded with instructions to dismiss. Houston's 1st Court of Appeals, No. 01-11-00303-CV, 11-10-2011.

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OPINION

Due to financial exigencies that Hurricane Ike created, the University of Texas Medical Branch at Galveston (“UTMB”) terminated a number of its faculty positions. The medical school’s provost coordinated the termination process, and department chairs recommended faculty members from their departments for termination. A group of faculty members,*fn1 whose positions the school terminated, sued the provost and several department chairs (collectively, “the administrators”),*fn2 asserting various tort claims. Relying on section 101.106(f) of the Texas Tort Claims Act, the administrators moved to dismiss the suit brought against them. See TEX. CIV. PRAC. & REM. CODE ANN. § 101.106(f) (West 2010). The trial court denied the motion. On appeal, the administrators contend that the trial court erred in refusing to dismiss the claims against them because the decisions they made and carried out fell within the scope of their employment, and thus section 101.106(f) precludes a suit against them in their individual capacities. We agree. Accordingly, we reverse and remand with instructions for the trial court to dismiss the claims against the administrators.

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