ALBERTSON'S, INC. v. ORTIZ

No. 3-92-393-CV.

856 S.W.2d 836 (1993)

ALBERTSON'S, INC., Appellant, v. Rachel ORTIZ and John Downes, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled August 11, 1993.


Attorney(s) appearing for the Case

Stephan B. Rogers, Akin, Gump, Hauer & Feld, L.L.P., San Antonio, for appellant.

James C. Harrington, Texas Civ. Rights Project, Austin, for appellees.

Before POWERS, KIDD and B.A. SMITH, JJ.


BEA ANN SMITH, Justice.

Albertson's, Inc. appeals an adverse judgment rendered on a jury verdict awarding damages to Rachel Ortiz and John Downes ("appellees"). The principal issue presented is whether the Texas Constitution's bill of rights is self-executing in creating a cause of action for damages for a private entity's infringement of an individual's free-speech rights. Concluding that the constitution creates no such tort action, we will reverse the judgment...

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