United States Fifth Circuit

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Rodriguez v. Christus Spohn Health Sys. Corp., 10-40371

In an action alleging that, while receiving voluntary inpatient mental health treatment at defendant hospital, plaintiff was sexually assaulted by a staff member, the denial of defendants' Fed. R. Civ. P. 12(b)(1) motion to dismiss plaintiff's state law claims based on government immunity is vacated where 1) plaintiff's claim under Chapter 74 of the Texas Civil Practice and Remedies Code was a tort based on a statute that contained no independent waiver of immunity; 2) defendant was immune to any claim under Chapter 81 except as allowed by section 81.010; and 3) pursuant to the election of remedies provision of the Tort Claims Act, plaintiff's claims against the alleged assailant must be dismissed.

Appellate Information

  • Decided 12/24/2010
  • Published 12/24/2010

Judges

  • Thomas E. Reavley

Court

  • United States Fifth Circuit

Counsel