Texas Department of Criminal Justice v. Diller

LOUIS B. GOHMERT, JR., Chief Justice.

The Texas Department of Criminal Justice (“TDCJ”) appeals the denial of its plea to the jurisdiction. Lorene Diller, individually and as personal representative of the estate of her deceased son, Michael Thomas Diller, sued TDCJ pursuant to the Texas Tort Claims Act. In one issue, TDCJ asserts the trial court erred in determining it had waived sovereign immunity. We reverse and render.

Background

Appellee’s son, who suffered from a mental illness and who was known to be suicidal, was incarcerated in a TDCJ facility. One night, after he set his mattress on…