Supreme Court of Texas

In an inmate's suit claiming that the defendant violated his due process rights by failing to give him a copy of an administrative decision, arising from a disciplinary hearing for possessing of an alcoholic beverage, court of appeals' holding that the defendant's claim for attorney's fees is considered a claim for affirmative relief that waives sovereign immunity is reversed as, a request for attorney's fees incurred in defending a claim does not waive immunity under Reata Constr. Corp. v. City of Dallas, 197 S.W.3d 371, (Tex 2006).

Appellate Information

• Decided 06/11/2010
• Published 06/11/2010

Judges

• Chief Justice JEFFERSON delivered the opinion of the Court.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Kristofer S. Monson, Assistant Solicitor General, Austin TX, Attorney General Greg W. Abbott, Attorney General of Texas, Austin, TX, Kent C. Sullivan, David S. Morales, Julia Hamill Murray, Austin, TX, James C. Ho, Solicitor General of Texas, Austin, TX, Clarence Andrew Weber, First Assistant Attorney General, Austin, TX, for Petitioner., Kirk Wayne McBride Sr., Tennessee Colony, TX, pro se.


• For Appellees:
  
• Christy Lynn Martin, Manuel Lopez, Shook Hardy & Bacon L.L.P., Houston, TX, for Respondent.