X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
This is an interlocutory appeal by Terrell State Hospital and the Texas Department of Mental Health and Mental Retardation challenging the district court’s denial of their plea to the jurisdiction. We will affirm the denial of their plea.

Appellee, Shatha Olofsson, was a physician at the Terrell State Hospital. She alleges that appellees retaliated against her for her September 1992 oral report and February 1993 written report that a fellow physician at the hospital had boasted of physically attacking a patient. She alleges she endured a series of retaliatory actions leading to her emotional breakdown and ingestion of an overdose of Elavil in August 1993; to her consequent suspension from employment in August 1993; and to her constructive discharge when appellants refused to reinstate her before her accrued leave expired in November 1993. She filed suit under the Whistleblower Act in January 1994.

Appellants filed a plea to the jurisdiction in January 2001. They contend that the district court lacks jurisdiction over Olofsson’s Whistleblower cause of action because she failed to comply with a statutory prerequisite for maintaining a suit under the Whistleblower Act; specifically, they contend that she failed to file suit within ninety days of the alleged retaliatory action. See Tex. Gov’t Code Ann. � 554.005 (West 1994). They contend that, based on her filing date, only retaliations occurring after October 28, 1993 could confer jurisdiction. They contend in their motion that their November 8, 1993 report of her overdose to the Texas Board of Medical Examiners was required and could not be considered retaliation, that she could not complain of constructive discharge on that date, and that there was no tolling of the Whistleblower Act claim. The district court denied this plea to the jurisdiction without stating a basis.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Global Leaders in Consulting (GLC) 2023

February 16, 2023
London

The Global Leaders in Consulting awards are for those who are making a big impression within the industry, but also worldwide.


Learn More

Complex Claims & Litigation Forum 2023

February 27, 2023 - March 01, 2023
Henderson, NV

Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases.


Learn More

Women, Influence & Power in Law UK Awards 2023

March 08, 2023
London

Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More

Attorneys-Solicitor General Division


Attorneys Solicitor General Division: The West Virginia Attorney General's Office is accepting applications for mid- and senior-level po...


Apply Now ›

ASSOCIATE ATTORNEY- REMOTE POSITION


We are looking for an Associate Attorney with 5 plus years experience to join our Plaintiff only Personal Injury practice. We have been rep...


Apply Now ›

Coverage Attorney - New York


Medium sized, AV rated midtown law firm is seeking an associate to work on coverage matters under CGL, Property, Auto and other policies. Po...


Apply Now ›

WEINSTEIN FAMILY LAW

02/06/2023
NJLJ Web

Weinstein Family Law is pleased to announce the promotion of Erika P. Handler to Partner


View Announcement ›

ANSELMI & CARVELLI, LLP

02/06/2023
NJLJ Web

Anselmi & Carvelli, LLP is pleased to announce that Zachary D. Wellbrock has been named Partner of the firm.


View Announcement ›

HENDRICK PHILLIPS SALZMAN & FLATT, PC

02/02/2023
DR Web

Hendrick Phillips Salzman & Siegel, PC is proud to announce J.T. Gallagher as the firm s newest partner.


View Announcement ›