HOUSTON -- The Texas 14th Court of Appeals has ruled that a Texas man failed to prove he has grounds to sue a Texas governmental entity and related parties and has dismissed the case.
Daryl Barnes filed the appeal after his case against Harris County, Chris Daniel, Willie Frazier, Dee Thomas, Stan Stewart, Maria De La Rosa and Deryk Fields was dismissed in the Harris County Circuit Court.
The defendants’ filed the motion, stating that Barnes’ allegations had no foundation. They also stated that they cannot be sued because of governmental immunity. Additionally, they said his allegations are not included in the Texas Tort Claims Act’s (TTCA) limited waiver of immunity. They went on to argue that the lawsuit is a “collateral attack” on a final judgment that was ordered in September 2014.
Justice Margaret “Meg” Poissant pointed out that the part of the lawsuit alleging immunity is actually a plea to the jurisdiction.
“It is the substance of the argument – that the suit should be dismissed for want of jurisdiction – and not the vehicle used that is determinative,” Poissant ruled. “Immunity from suit defeats a trial court’s subject matter jurisdiction.”
Considering that framework, Poissant, along with justices Tracy Christopher and Meagan Hassan who concurred with the ruling, evaluated that Barnes claim is protected from the lawsuit as a plea to the jurisdiction.
Considering he filed the lawsuit alleging the TTCA was violated, and that he is suing governmental entity and its employees, the government unit is the party that would have to forfeit its immunity before Barnes could continue its claim, the court determined.
“There are no facts in appellant’s pleadings demonstrating waiver of immunity,” Poissant said. Even in the appeal, Barnes failed to note that the lower court should not have dismissed his tort claims because of that. Because he did not properly bring up that portion of the court’s ruling, he “waived any error by the trial court in dismissing his claims,” the three judges ruled.
The judges determined it did not need to address the rest of Barnes’ complaints as it affirmed the dismissal.