City of Dallas v. Parker (Tex. 2011)(Opinion)
FULL TEXT OF OPINION [ forthcoming ]
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OPINION OF THE COURT OF APPEALS BELOW: Court of Appeals
Also see: Texas Causes of Action | 2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per Curiams
City of Dallas v. Parker, No. 07-0288 (Tex. Dec. 16, 2011)(Opinion by Phil Johnson)
(public employment, immunity of governmental entities)
EXCERPT FROM TEXAS SUPREME COURT'S OPINION
This appeal involves issues of governmental immunity from suit. With the exception that this matter is a class
action, which does not affect our analysis or conclusions, and one argument that we address separately, the
material facts, procedural background, issues, and arguments presented are similar to those we considered in
City of Dallas v. Albert, ___ S.W.3d ___ (Tex. 2011). Thus, our conclusions and holdings are the same as
those in Albert.
In addition to arguments made in Albert and addressed above, the Officers in this case assert that the City’s
immunity from suit is waived because the suit implicitly involves the validity of pay resolutions adopted by the
city council. See TEX. CIV. PRAC. & REM. CODE § 37.006(b) (“In any proceeding that involves the validity of a
municipal ordinance . . . the municipality must be made a party . . . .”). However, the Officers’ pleadings do not
support this contention. Their pleadings reference the ordinance as having become a term of their employment
contracts and two resolutions as possible bases for calculating their damages. They do not question the validity
of either the ordinance or a resolution.
We reverse the judgment of the court of appeals and remand the case to the trial court for further proceedings.
CITY OF DALLAS v. DAVID S. MARTIN AND GEORGE G. PARKER, ET AL.; from Rockwall County; 5th district
(05-03-01310-CV, 214 SW3d 638, 12-21-06) 2 petitions
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Phil Johnson delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Wainwright, Justice David Medina, Justice Paul Green, Justice Eva Guzman, and Justice Lehrmann joined.
Justice Willett delivered a dissenting opinion
Link to Electronic Briefs in this case, including amicus brief by State of Texas: 07-0288 CITY OF DALLAS v.