Texas Supreme Court
Texas Adjutant General’s Office, Petitioner v. Michele Ngakoue, Respondent
August 30, 201356 Tex. Sup. Ct. J. 1131
Summary
The Texas Supreme Court affirmed the Court of Appeals, holding that the employee, Barnum, was entitled to dismissal under Tex. Civ. Prao. & Rem. Code § 101.106(f) because the suit arose from conduct within the scope of employment and could have been brought against the governmental unit, TAGO, under the TTCA. The Court also held that TAGO’s plea to the jurisdiction under § 101.106(b) was improper, so the suit against TAGO may proceed. Justice BOYD dissented, arguing that the plaintiff’s failure to dismiss the employee as required by subsection (f) bars the claim against the governmental unit.