Legal Opinion

Morgan v. Plano Independent School District

Court of Appeals for the Fifth Circuit

Decided July 26, 2013No. 12-40493PublishedCited by 11 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge.

In this appeal, Plano Independent School District (“PISD”) argues that the Texas Religious Freedom Restoration Act’s (“TRFRA”) pre-suit notice requirement is a jurisdictional prerequisite to suit and that because Plaintiffs did not strictly comply by sending a letter certified mail, return receipt requested, PISD’s governmental immunity has not been waived. Finding that compliance with the pre-suit notice requirement is jurisdictional under Texas law and that the district court erred in denying PISD’s Motion for Partial Summary Judgment against the Plaintiffs,…

2Cases cited32 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. Texas Department of Transportation v. JonesTexas Supreme Court · 1999
  3. Tooke v. City of MexiaTexas Supreme Court · 2006
  4. Wichita Falls State Hospital v. TaylorTexas Supreme Court · 2003
  5. Cameron v. Terrell & Garrett, Inc.Texas Supreme Court · 1981

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3Cited by11 opinions

  1. Tercero v. TX Southmost Coll DistCourt of Appeals for the Fifth Circuit · 2021
  2. State v. Valerie Saxion, Inc. and Valerie Saxion, Individually, Texas Court of Appeals, 2nd District (Fort Worth)2014
  3. Ashley v. Clay CountyCourt of Appeals for the Fifth Circuit · 2025
  4. Belen Gonzales v. Mathis Independent SchoolCourt of Appeals for the Fifth Circuit · 2020
  5. Chris Noel Carlin v. Bexar County, Bexar County Judge Nelson W. Wolff, Judge Ron Rangel, and Judge Rosie Alvarado, Texas Court of Appeals, 4th District (San Antonio)2023

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