Texas Department of Criminal Justice v. Simons

OPINION

STEVE McKEITHEN, Chief Justice.

Texas Department of Criminal Justice-Institutional Division (“TDCJ”) appeals the trial court’s denial of its plea to the jurisdiction and no-evidence motion for summary judgment. See Tex. Civ. Prac. & Rem.Code Ann. § 51.014(a)(8) (Vernon Supp.2005); Harris Co. v. Sykes, 136 S.W.3d 635, 638 (Tex.2004). We reverse and render.

Background

Appellee Brian Edward Simons sued TDCJ for injuries Simons alleges he sustained during his incarceration.1 TDCJ filed a plea to the jurisdiction, in which it asserted Simons’s claim is barred because he failed to provide TDCJ…