Lowrey v. University of Texas Medical Branch

I respectfully but strongly dissent from the majority and concurring opinions which reflect nothing less than judicial legislation to further weaken the doctrine of sovereign immunity.

It is a longstanding rule that a state cannot be sued without its consent, and then only in the manner, place and courts designated. State v. Isbell, 127 Tex. 399, 94 S.W.2d 423, 424 (Tex.Comm’n App.1936); Paris Milling Company v. Bullock, 583 S.W.2d 487, 489 (Tex.Civ.App. — Waco 1979, no writ). Thus, it is clear that the State is immune from suit unless the legislature has consented to the specific suit or the…