Arthur Powell v. Texas Department of Criminal Justice - Correctional Institutions Division

NUMBER 13-06-192-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

- EDINBURG

ARTHUR POWELL, Appellant,

v.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE -

CORRECTIONAL INSTITUTIONS DIVISION, ET AL., Appellees.

On appeal from the 343rd District Court

of Bee County, Texas

DISSENTING OPINION

Before Chief Justice Valdez, Justices Benavides, and Vela

Dissenting Opinion by Justice Vela

I write separately to dissent from that portion of the majority's opinion holding that sovereign immunity was either waived or not implicated as to TDCJ. The majority holds that TDCJ's answer stating that the "suit is…