Paul Lindsey, Individually v. State of Texas

JONES, Justice.

Paul and Gayle Lindsey, acting individually and on behalf of their daughter, Linda Jill Lindsey, sued the State of Texas alleging: (1) intentional, grossly negligent, or negligent failure to provide Linda Jill with educational services mandated by the Texas Education Code; and (2) discrimination under 42 U.S.C. § 1983 (1981). Based on federal law, the trial court granted a take-nothing summary judgment as to the section 1983 claim. The court later granted a take-nothing summary judgment, based on governmental immunity, as to the remaining claims. The Lindseys appeal,…