The City of El Paso, Petitioners v. Lilli M. Heinrich, Respondent

Summary

The Texas Supreme Court held that governmental immunity generally bars suits for retrospective monetary relief but does not preclude prospective injunctive remedies in official-capacity suits against government actors who violate statutory or constitutional provisions. Ultra vires suits must be brought against state actors in their official capacity rather than against the immune governmental entities themselves, and a successful ultra vires claimant is entitled to prospective injunctive relief measured from the date of injunction, with the prior retrospective remedy abrogated. Because Heinrich's affidavit and letter evidence raised a fact question that the Board's one-third reduction of her survivor benefits violated the statute governing the Fund, her prospective claims against the officials in their official capacities may proceed, while her retrospective claims and all claims against the City, the Fund, and the Board are dismissed. The court affirmed in part and reversed in part the court of appeals' judgment and remanded; no separate opinions were filed.