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

Summary

The Texas Supreme Court held that the phrase “could have been brought” in Tex. Civ. Prac. & Rem. Code §101.106(f) is satisfied for any tort claim against a governmental unit, regardless of whether the Tort Claims Act waives immunity, and therefore a governmental employee who acted within the scope of employment is entitled to dismissal in his official capacity. The Court reversed the appellate court and remanded for further proceedings. Justice MEDINA, dissenting, argued that the condition should require proof of governmental consent to suit.