Texas Adjutant General's Office v. Michele Ngakoue

in which Chief Justice JEFFERSON, Justice HECHT, Justice GREEN, and Justice DEVINE joined.

Today we determine how various provisions of the Texas Tort Claims Act’s [TTCA] election-of-remedies statute interact with one another. See Tex. Civ. Prag & Rem.Code § 101.106. The statute encourages, and in effect mandates, plaintiffs to pursue lawsuits against governmental units rather than their employees when the suit is based on the employee’s conduct within the scope of employment. Section 101.106, in part, bars a suit against a governmental unit absent the unit’s consent after a plaintiff sues the…