(DOWNLOAD) "Mission Consolidated Independent School District V. Garcia" by In the Supreme Court of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: Mission Consolidated Independent School District V. Garcia
- Author : In the Supreme Court of Texas
- Release Date : January 28, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 84 KB
Description
In this case, three terminated school-district employees filed suit against the district and its superintendent alleging violations of the Texas Commission on Human Rights Act ("TCHRA") and various common-law claims that do not fit within the Texas Tort Claims Act's limited waiver of immunity. See TEX. CIV. PRAC. & REM. CODE§ 101.021. We must decide whether the Tort Claims Act's election-of-remedies provision applies to the employees' claims. See id. § 101.106. We hold that the Act's election scheme governs all suits against a governmental unit, and that its application here bars all common-law recovery against the superintendent and the school district. However, in this case, the Act's election scheme does not bar the employees' recovery under the TCHRA because the Legislature has consented to suits against the government under the TCHRA, see id. § 101.106(b), and a suit that is based on the TCHRA is not one brought under the Tort Claims Act, see id. § 101.106(e). Accordingly, we affirm in part, and reverse in part, the court of appeals' judgment.