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AUSTIN STATE HOSP. v. GRAHAM

No. 10-0674.

347 S.W.3d 298 (2011)

AUSTIN STATE HOSPITAL, Dr. Vikar Nuzhath, and Dr. Erik Lindfors, Petitioners, v. Joel GRAHAM, Respondent.

Supreme Court of Texas.

August 26, 2011.

Attorney(s) appearing for the Case

Greg W. Abbott , Attorney General of Texas, Daniel T. Hodge , First Asst. Attorney General, William (Bill) J. Cobb, III , Attorney General's Office, Deputy Atty. General for Civil Litigation, David S. Morales , Office of the Attorney General of Texas, Deputy First Assistant Attorney General, David C. Mattax , Director of Defense Litigation, Jonathan F. Mitchell , Solicitor General, Beth Ellen Klusmann , Assistant Solicitor General, Office of the Attorney General, Bridget Lynn McKinley , Assistant Attorney General, Austin, TX, James C. Ho , Gibson Dunn & Crutcher LLP, Dallas, TX, for Austin State Hospital.

Marisa Schouten , Martin Walker PC , Attorneys at Law, Tyler, TX, for Joel Graham.

PER CURIAM.

The issue presented is whether an employee of a governmental unit may take an interlocutory appeal from an order denying his motion to dismiss based on section 101.106(e) of the Texas Civil Practice and Remedies Code. We hold that he can and reverse the judgment of the court of appeals. 319 S.W.3d 905 (Tex.App.-Dallas 2010).

Joel Graham sued Austin State Hospital, a governmental unit, and two of its employees...

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