Herring v. Texas Department of Corrections

COULSON, Justice.

This is a summary judgment case.

A take-nothing summary judgment was rendered with prejudice by the district court against James W. Herring, appellant, in his suit for personal injuries against the Texas Department of Corrections, appellee. The court below held that, as a matter of law, this suit did not fall within any of the exceptions to sovereign immunity found in the Texas Tort Claims Act.

The question here is whether a motion for summary judgment should be granted on the ground that the cause of action is precluded by sovereign immunity when plaintiff’s petition alleges…