HOUSTON – The 14th Court of Appeals issued a ruling affirming most of a trial court's judgment granting the University of Texas Medical Branch’s plea to the jurisdiction in a suit brought by a tenured professor claiming discrimination and conspiracy.
Justice John Donovan issued the opinion on July 3 with Justices Tracy Christopher and Kevin Jewell on the court panel. The court affirmed in part, but reversed the 212th District Court of Galveston County's ruling to grant the University of Texas’ plea to the jurisdiction on the plaintiff’s discrimination claims.
The plaintiff, Dr. Elizabeth Protas, is vice president and dean of the School of Health Professions and a tenured professor at The University of Texas Medical Branch at Galveston. Protas filed a complaint against UTMB; Dr. David Callender, M.D.; and Dr. Danny Jacobs, M.D, asserting claims of discrimination and conspiracy among others.
According to the ruling, Protas was ordered to attend a Civil Treatment for Leaders course after several conflicts with colleagues. UTMB suspended Protas without pay for two weeks when the conflicts continued. Protas filed a grievance with UTMB, who did not offer relief. After Protas filed her complaint in the trial court, UTMB filed a plea to the jurisdiction stating that all of Protas’ claims were barred by sovereign immunity. In 2016, the trial court granted the motion to dismiss Callender and Jacobs in their individual capacities and granted the pleas to the jurisdiction in 2017.
In her appeal, Protas claims the trial court erred in granting UTMB’s plea to the jurisdiction for her due process claims, discrimination claims and declaratory judgment. Protas states the court abused its discretion denying discovery, as well as granting the defendants’ motion to dismiss Callender and Jacobs from her suit according to the election of remedies under the Texas Tort Claims Act.
Donovan affirmed that the trial court did not err in granting the plea to the jurisdiction to her due process claims with prejudice because ultra vires claims are only actionable against individuals.
“The ultra vires exception to sovereign immunity does not allow retroactive relief,” the order states.
Donovan affirmed the trial court dismissals for Callender and Jacobs, stating that both were entitled to dismissal because Protas’ conspiracy claim was “considered to be against Callender and Jacobs in their official capacity only.”
In the trial court ruling granting the plea to the jurisdiction on Protas’ discrimination claims, Donovan stated that although Protas did not provide information about the two senior faculty members she claims were given preferential treatment after allegedly being reported for being involved in sexual misconduct, the “insufficient” pleadings “do not affirmatively negate jurisdiction” and stated that Protas should have been given the opportunity to replead.
The Appellate Court order remanded the case back to trial court for further proceedings for Protas’ claims of discrimination only.
14th Court of Appeals for the State of Texas case number 14-17-00084-CV