What types of lawsuits is a state agency in Texas immune to?
Country relating to Question: United States
State (if USA): Texas
Hello and thank you for the question. I am sorry to read of this dilemma. What claims are you contemplating?
Civil Rights violation under Texas and federal law, personal injury, Breach of Contract, breach of confidence, Defamation, negligent trainting, breach of duty.
The agency is not immune from such claims. The only issue becomes proving each of them through competent and admissible evidence.
Just curious, if the state agency is not immune to these claims then what's the benefit of them having 'sovereign immunity' and what is one of the claims to which they are immune?
The staff of the agency are immune to the extent performing work related functions giving rise to the claim. Sovereign immunity would apply to situations where one seeks a direct damage award in connection with misconduct of heads of state, but an agency can be held liable where the elements of the claim are met.
Which elements of the claim have to be met?
By that I mean that you need to prove the claim. So for example when asserting a breach of contract, need to show that there was a contract, the breach, and the resulting damages.
If professors don't explain the reason for giving you a fail grade, will it be considered a breach of contract? Though there is never any formal written contract that they will explain the reason for giving you a particular grade. I am confused if this would be considered a breach of contract or not!!!!
There is no contract normally between teacher and student which outlines requirements for the teacher. In other words, teacher does not need to explain the reasons for the grade.
So, any professor could fail any student which they wish to, and never explain the reasons. There must be some law to protect students against this injustice. What about breach of duty? They have a duty to tell a student why he/she failed in the exam, right!!!!!
Generally, the department and university rules are in place and a student could petition to have a grade reviewed on grounds that those rules were violated. But is a school rule violation, rather than a private contract claim, which normally pertains to a direct financial loss as part of a consumer or business transaction.
On the university website they have mentioned that a student consent is required before posting a grade. They did not get any form signed by me and posted the grades. Will that be a breach?
Here is the weblink: http://studentservices.uthscsa.edu/CS_Grades.aspx
If they have such a policy, it would be a breach of policy claim, rather than a contract claim. In any event, it would ba a breach if you can point them to the policy/rule and entitle you to have the grade revisited. Good luck!!
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