Donna Independent School District v. Gracia

I concur in the majority’s decision to dismiss this case for lack of jurisdiction. However, I would analyze the case in the manner it was presented and argued to the trial court below.

The District filed a plea to the jurisdiction, asserting that the District, school board and superintendent were each entitled to immunity because the District is a governmental agency and sovereign immunity protects agencies, officials, and employees. The District urged that immunity had not been waived for either a breach of contract action based on a settlement agreement or Gracia’s other claims. Gra-cia…