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POWELL v. TEXAS DEPT. OF CRIMINAL JUSTICE

No. 13-06-192-CV.

251 S.W.3d 783 (2008)

Arthur Lee POWELL, Jr., Appellant, v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, et al., Appellees.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Rehearing Overruled March 27, 2008.

Attorney(s) appearing for the Case

Arthur Powell, Beeville, pro se.

Demetri Anastasiadis, Asst. Atty. General, Austin, for appellee.

Before Chief Justice VALDEZ and Justices BENAVIDES and VELA.

OPINION

Opinion by Justice BENAVIDES.

This appeal arises from the dismissal of appellant Arthur Powell's suit against the Texas Department of Criminal Justice ("TDCJ") and two of its police officers, Miguel Martinez and Gilbert Herrera. We must decide whether the trial court erred by (1) granting Martinez's special exceptions and dismissing Powell's claim; (2) granting TDCJ's plea to the jurisdiction based upon sovereign immunity although the agency sought...

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