John Christopher Franka, M.d., and Nagakrishna Reddy, M.d., Petitioners v. Stacey Velasquez and Saragosa Alaniz…

Summary

The Texas Supreme Court held that any tort claim against a governmental unit is "under" the Texas Tort Claims Act for purposes of section 101.106(f), so a government employee acting within the scope of employment is dismissed in his official capacity unless the plaintiff elects to sue the governmental unit. The Court affirmed Dr. Franka’s employee status, found Dr. Reddy’s status unresolved and remanded for further proceedings, and rejected the court of appeals’ narrower construction of the statute. Justice MEDINA, dissenting, would have affirmed the appellate judgment.