Thomas v. Oldham

PHILLIPS, Chief Justice,

delivered the

opinion of the Court,

in which GONZALEZ, HIGHTOWER, HECHT, CORNYN, ENOCH, SPECTOR and OWEN, Justices, joined.

A judgment in an action against a governmental unit under the Texas Tort Claims Act “bars any action involving the same subject matter” against the employee whose acts gave rise to the claim. See Tex.Civ.Prac. & Rem.Code § 101.106. The primary issue presented in these consolidated cases is whether section 101.106 bars the simultaneous rendition of judgment against a governmental unit and its employee. Holding that it does, we affirm in part and…