Powell v. Texas Department of Criminal Justice

OPINION

Opinion by Justice BENAVIDES.

This appeal arises from the dismissal of appellant Arthur Powell’s suit against the Texas Department of Criminal Justice (“TDCJ”) and two of its police officers, Miguel Martinez and Gilbert Herrera. We must decide whether the trial court erred by (1) granting Martinez’s special exceptions and dismissing Powell’s claim; (2) granting TDCJ’s plea to the jurisdiction based upon sovereign immunity although the agency sought attorneys’ fees; or (3) *786granting TDCJ’s plea to the jurisdiction based upon sovereign immunity although Powell sought only declaratory…