Smith v. State

OPINION

The court granted a plea to its jurisdiction and dismissed Rod Smith’s suit against the State, the Attorney General’s Office, the Child Support Enforcement Division, Dan Morales and two assistant attorney generals (the defendants). Because we conclude that the defendants did not raise a jurisdictional bar to Smith’s suit justifying dismissal, we reverse the order and remand this cause for further proceedings.

Smith sued the defendants alleging negligence and violation of his constitutional and civil rights in the course of a 1991 paternity suit brought against him by the AG’s office. As…