law-official-capacity (and immunity)
OFFICIAL CAPACITY CASE LAW FROM THE TEXAS SUPREME COURT
OPINIONS
City of El Paso v. Heinrich, No. 06-0778 (Tex. May 1, 2009)(Jefferson)
(governmental immunity, ultra vires claim)(retrospective monetary relief barred; prospective relief against
official capacity defendant not barred by immunity, no individual-capacity claims, ergo official immunity
inapplicable)
THE CITY OF EL PASO, ET AL. v. LILLI M. HEINRICH; from El Paso County; 8th district (08-05-00203-CV, 198
SW3d 400, 07-20-06)
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial
court.
Chief Justice Jefferson delivered the opinion of the Court.
Texas A&M Univ. Sys. v. Koseoglu, No. 05-0321 (Tex. Sep. 7, 2007)(state university is immune from
employee's breach of settlement agreement claim; university administrator is likewise immune when
sued in his official capacity; supreme court resolves conflict among courts of appeals in holding that
both are entitled to immediate interlocutory appeal when trial court denies their plea to the jurisdiction.)
TEXAS A&M UNIVERSITY SYSTEM, TEXAS ENGINEERING EXPERIMENT STATION, AND DR. MARK
MCLELLAN
v. DR. SEFA KOSEOGLU; from Brazos County; 10th district (10-03-00375-CV, 167 S.W.3d 375, 03/09/05)
The Court affirms in part and reverses in part the court of appeals' judgment and dismisses the case. Justice
Justice Paul W. Green delivered the opinion of the Court.
COURTS OF APPEALS DECISIONS ON OFFICIAL CAPACITY / IMMUNITY
08-0364
GARRY DAVID GALLARDO v. JOE D. TACKITT, SHERIFF OF WILSON COUNTY, TEXAS; WILSON COUNTY,
TEXAS; AND UNKNOWN INDEMNIFYING BOND COMPANIES FOR THE SHERIFF AND WILSON COUNTY,
TEXAS; from Wilson County; 4th district (04-07-00635-CV, ___ SW3d ___, 04-02-08, pet. denied) (sovereign
immunity, official capacity)