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CHERRY v. TEXAS DEPT. OF CRIMINAL JUSTICE

No. 06-98-00015-CV.

978 S.W.2d 240 (1998)

Shirley CHERRY and Husband, Chester C. Cherry, Jr., Appellants, v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Appellee.

Court of Appeals of Texas, Texarkana.

Decided August 25, 1998.

Attorney(s) appearing for the Case

Charles Attaway, Texarkana, for appellant.

Richard D. Naylor, Assistant Attorney General, Austin, for appellee.

Before CORNELIUS, C.J., and GRANT and ROSS, JJ.

OPINION

CORNELIUS, Chief Justice.

Shirley Cherry, joined by her husband, Chester C. Cherry, Jr., brought suit against the Texas Department of Criminal Justice (TDCJ) for damages arising from a kidnapping and assault committed by an escaped prisoner. The trial court granted summary judgment in favor of the TDCJ on the basis of sovereign immunity. We affirm the summary judgment.

Clifton Brumley was incarcerated at the Telford Unit at New Boston. All...

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