Jefferson Dissent in Harris County Hospital District v. Tomball Regional Hospital,
No. 05-0986 (Tex. 2009)(Majority Opinion by Johnson)(sovereign immunity of hospital district,
sue and be sued provision, Tooke v. City of Mexia progeny)
Despite a constitutional dictate requiring a legislatively authorized hospital
district to “assume full responsibility for providing medical and hospital care
to needy inhabitants of the county,” the Court leaves Tomball Hospital
Authority (“THA”) no means to obtain payment from Harris County Hospital
District (“HCHD”) for services provided to indigent patients. The Court
holds that HCHD is immune from suit and dismisses the case, precluding
THA from seeking even injunctive relief for HCHD’s alleged constitutional
violations. Because our constitution compels a different result, I respectfully
dissent.
HARRIS COUNTY HOSPITAL DISTRICT v. TOMBALL REGIONAL HOSPITAL; from Harris County; 14th district
(14-04-00263-CV, 178 SW3d 244, 07-28-05)(Johnson)
The Court reverses the court of appeals' judgment and dismisses the case.
Justice Johnson delivered the opinion of the Court, in which Justice Hecht, Justice Wainwright, Justice Medina,
and Justice Green joined. [pdf]
Chief Justice Jefferson delivered a dissenting opinion, in which Justice O'Neill, Justice Brister, and Justice
Willett joined. [pdf version on court web site]
View Electronic e-Briefs on court's web site
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Chief Jefferson's Dissent in Harris County Hospital District vs. Tomball
Regional Hospital (Tex. 2009)
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