Legal Opinion

Phillip Smallwood v. State

Texas Court of Appeals, 10th District (Waco)

Decided September 1, 2010No. 10-09-00102-CVPublished

1Opinion of the Court

IN THE

TENTH COURT OF APPEALS

No. 10-09-00102-CV

Phillip Smallwood,

Appellant

v.

The State of Texas, et al.,

Appellees

From the 278th District Court

Walker County, Texas

Trial Court No. 23,005

MEMORANDUM Opinion

Phillip Smallwood, a Texas inmate, sued the Texas Department of Criminal Justice for injuries sustained while working with a metal cutting machine. The trial court granted TDCJ’s plea to the jurisdiction. On appeal, Smallwood challenges the dismissal of his lawsuit for lack of subject matter jurisdiction. We affirm.

STANDARD OF REVIEW

A plea to the jurisdiction challenges the trial court’s “power…

2Cases cited15 opinions

  1. Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
  2. Science Spectrum, Inc. v. MartinezTexas Supreme Court · 1997
  3. Lowe v. Texas Tech UniversityTexas Supreme Court · 1976
  4. Texas Department of Public Safety v. PettaTexas Supreme Court · 2001
  5. Kerrville State Hospital v. ClarkTexas Supreme Court · 1996

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