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TEXAS DEPT. OF CRIMINAL JUSTICE v. HAWKINS

No. 05-03-01780-CV.

169 S.W.3d 529 (2005)

TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Appellant v. Lori HAWKINS, Individually and as Administratrix of the Estate of Aubrey Wright Hawkins, Deceased; Dixie Buchanan, Natural Mother and as Next Friend of Andrew Hawkins, A Minor Son of Aubrey Hawkins, Deceased; Jayne Hawkins, Individually; and Curtis Hawkins, Individually; Appellees.

Court of Appeals of Texas, Dallas.

August 12, 2005.

Attorney(s) appearing for the Case

Kimberly Kay Coogan, Asst. Atty. Gen., Austin, for Appellant.

Robert Shaw Macintyre, Richard Warren Mithoff, Mithoff & Jacks, LLP, Herrick L. Sovany, William J. Stradley, Dick DeGuerin, DeGuerin & Dickson, Houston, for Appellee.

Before Justices O'NEILL, LANG, and LANG-MIERS.

OPINION

Opinion by Justice O'NEILL.

This case is brought against the Texas Department of Criminal Justice (TDCJ) by the family of Officer Aubrey Hawkins. The TDCJ filed a plea to the jurisdiction, asserting that its sovereign immunity was not waived under the Texas Tort Claims Act (TTCA). The trial court denied the TDCJ's plea. Because we conclude immunity was not waived under the TTCA, we vacate the trial court's order denying the plea and render judgment...

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