[Download] "City Of El Paso V. Heinrich" by In the Supreme Court of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: City Of El Paso V. Heinrich
- Author : In the Supreme Court of Texas
- Release Date : January 01, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
"Sovereign immunity protects the State from lawsuits for money damages." Tex. Nat. Res. Conservation Comm'n v. IT-Davy, 74 S.W.3d 849, 853 (Tex. 2002). But "an action to determine or protect a private party's rights against a state official who has acted without legal or statutory authority is not a suit against the State that sovereign immunity bars." Fed. Sign v. Tex. S. Univ., 951 S.W.2d 401, 405 (Tex. 1997). Today we examine the intersection of these two rules. We conclude that while governmental immunity generally bars suits for retrospective monetary relief, it does not preclude prospective injunctive remedies in official-capacity suits against government actors who violate statutory or constitutional provisions. We affirm in part and reverse in part the court of appeals' judgment and remand this case to the trial court for further proceedings.
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