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TEXAS DEPT. OF CRIMINAL JUSTICE v. SIMONS

No. 09-06-039 CV.

197 S.W.3d 904 (2006)

TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Appellant, v. Brian Edward SIMONS, Appellee.

Court of Appeals of Texas, Beaumont.

Decided July 27, 2006.

Attorney(s) appearing for the Case

Greg Abbott, Atty. Gen., Barry R. McBee, First Asst. Atty. Gen., Edward D. Burbach, Deputy Atty. Gen. for Litigation, R. Ted Cruz, Solicitor Gen., Danica L. Milios, Asst. Solicitor Gen., Austin, for Appellant.

Aubrey R. Williams, Montez, Williams & Baird, PC, Waco, for Appellee.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.

OPINION

STEVE McKEITHEN, Chief Justice.

Texas Department of Criminal Justice— Institutional Division ("TDCJ") appeals the trial court's denial of its plea to the jurisdiction and no-evidence motion for summary judgment. See Tex. Civ. Prac. & Rem.Code Ann. § 51.014(a)(8) (Vernon Supp.2005); Harris Co. v. Sykes, 136 S.W.3d 635, 638 (Tex.2004). We reverse and render.

Background

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