Legal Opinion

The City of El Paso v. Lilli M. Heinrich

Texas Supreme Court

Decided May 1, 2009No. 06-0778PublishedCited by 1,058 opinions

1Opinion of the CourtChief Justice Jefferson

“Sovereign immunity protects the State from lawsuits for money damages.” Tex. Nat. Res. Conservation Comm’n v. IT-Davy, 74 S.W.3d 849, 853 (Tex.2002). But “an action to determine or protect a private party’s rights against a state official who has acted without legal or statutory authority is not a suit against the State that sovereign immunity bars.” Fed. Sign v. Tex. S. Univ., 951 S.W.2d 401, 405 (Tex.1997). Today we examine the intersection of these two rules. We conclude that while governmental immunity generally bars suits for retrospective monetary relief, it does not preclude…

2Cases cited35 opinions

  1. Kentucky v. GrahamSupreme Court of the United States · 1985
  2. Ex Parte YoungSupreme Court of the United States · 1908
  3. Edelman v. JordanSupreme Court of the United States · 1974
  4. Goldberg v. KellySupreme Court of the United States · 1970
  5. Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004

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3Cited by1,058 opinions

  1. Texas Lottery Commission v. First State Bank of DeQueenTexas Supreme Court · 2010
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  3. Texas Department of Transportation v. SefzikTexas Supreme Court · 2011
  4. Texas Parks & Wildlife Department v. Sawyer TrustTexas Supreme Court · 2011
  5. Houston Belt & Terminal Railway Co., Bnsf Railway Co., and Union Pacific Railroad Co. v. City of Houston, Texas and Daniel Krueger, in His Official Capacity as Director of Public Works and EngineeringTexas Supreme Court · 2016

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