Supreme Court endorses jurisdictional dismissal with prejudice

Sep. 9, 2007 - In its only opinion released with its weekly orders last Friday, the Texas Supreme Court resolved a three-way split among the courts of appeals on the question whether a governmental official sued in his official capacity is entitled to seek interlocutory review in the court of appeals when his plea to the jurisdiction is denied by the trial court. The unanimous court, in an opinion by Justice Green answered 'yes', and rendered judgment for the defendants on sovereign immunity grounds. Texas A&M University System v. Sefa Koseoglu, No. 05‑0321 (Tex. 2007)

In dismissing the state employee's claims with prejudice, and denying him an opportunity to replead, the state's court of last resort in civil matters further limited the ability of state employees to bring suits for wrongful termination. The court opined that the plaintiff would not be able to overcome the immunity problem because he was asserting a breach of contract claim, and thus need not be given an opportunity to try again on remand.

The Court's endorsement of dismissal with prejudice on lack of jurisdiction grounds sets a new statewide precedent and marks a further step in the expansion of the sovereign immunity doctrine to privilege and protect the interests of government defendants without regard to the merits of the complaints brought against them, and correspondingly limits the avenues of redress available to aggrieved workers and contractors.

It had previously been generally accepted that dismissal with prejudice is not proper when the a court does not reach the merits of the controversy. Numerous lower-court opinions had given effect to that principle even in pro se and in forma pauperis suits brought by prison inmates. Dismissal with prejudice would presumably make the option to seek legislative permission to sue (immunity waiver by legislative resolution) meaningless as well. Though rare, this method has sometimes been employed to overcome the sovereign immunity defense and establish the state's consent to suit on a claim that would otherwise be dismissed without regard to merits on a plea to the jurisdiction filed by the defendant.