Texas Supreme Court
Dale Hoff, Angie Rendon, David Del Angel and Elmer Cox, Petitioners v. Nueces County, Respondent
December 17, 200448 Tex. Sup. Ct. J. 194
Summary
The Texas Supreme Court held that Nueces County is not an arm of the State of Texas for Eleventh Amendment purposes and therefore lacks Eleventh Amendment immunity from federal Fair Labor Standards Act claims brought in state court. The Court reversed the Court of Appeals' judgment granting the county's plea to jurisdiction and remanded the case to the district court for further proceedings consistent with this opinion. The Court also affirmed its jurisdiction over the interlocutory appeal because the appellate decision conflicted with a prior Supreme Court decision.