Cherry v. Texas Department of Criminal Justice

OPINION

CORNELIUS, Chief Justice.

Shirley Cherry, joined by her husband, Chester C. Cherry, Jr., brought suit against the Texas Department of Criminal Justice (TDCJ) for damages arising from a kidnapping and assault committed by an escaped prisoner. The trial court granted summary judgment in favor of the TDCJ on the basis of sovereign immunity. We affirm the summary judgment.

Clifton Brumley was incarcerated at the Telford Unit at New Boston. All prisoners were classified and assigned a status depending on their backgrounds. A prisoner’s status determined the degree of supervision to which he…