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

Dispute Resolution Forum 2021

June 16, 2021

Legal professionals from In-House, Private Practice and the Bar work together to overcome challenges facing dispute resolution.


GlobeSt. NET LEASE Spring 2021

June 16, 2021 - June 17, 2021
New York City, NY

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.


Pennsylvania Legal Awards 2021

June 24, 2021

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.


Litigation Attorney

Cedar Knolls, New Jersey, United States

Multi-jurisdictional firm seeks self-starting attorney licensed in New York for general litigation, toxic tort and medical malpractice litig...

Apply Now ›


Fairfield County, Connecticut, United States

Zeldes, Needle & Cooper PC, a prominent CT law firm with offices in Fairfield County, seeks a real estate/transactional associate with 2+ ye...

Apply Now ›


Hartford, Connecticut, United States

Busy Hartford criminal defense firm looking for part-time associate. Some experience required.Send inquiries to:Box #982| c/o CT Law Tribune...

Apply Now ›



GILL & CHAMAS Congratulations to our partner and friend,DAVID H. LANDE, ESQ on his appointment to Judge in the Division of Workers Compensation.

View Announcement ›



Please to announce that....

View Announcement ›



Bennett, Tina mourns the loss of Elizabeth (Libby) Bennett, Esq.

View Announcement ›