Eric D. Hillman v. Nueces County, Texas and Nueces County District Attorney's Office

Summary

The Supreme Court of Texas held that governmental immunity barred Eric Hillman’s wrongful-termination suit against Nueces County and the Nueces County District Attorney’s Office. The court concluded that neither the Sabine Pilot common-law exception for termination for refusing to perform an illegal act nor the Michael Morton Act waived the County’s immunity. The court affirmed dismissal for lack of subject-matter jurisdiction and declined to address a potential ultra vires claim.

Holdings

1. Sabine Pilot establishes a common-law duty applicable to governmental employers, but it does not waive governmental immunity from suit. Because governmental immunity bars claims against governmental entities unless waived, Hillman's Sabine Pilot claim could not proceed absent legislative waiver.
2. The Michael Morton Act does not clearly and unambiguously waive Nueces County's governmental immunity from a Sabine Pilot wrongful-termination claim.
3. The court declined to judicially abolish or modify governmental immunity to permit Sabine Pilot claims against governmental entities, holding that any such waiver is a legislative policy decision.
4. The court declined to decide whether Hillman could pursue an ultra vires claim and expressed no opinion on the validity of such a claim under the circumstances.

Questions Presented

1. Whether the common-law wrongful-termination exception recognized in Sabine Pilot Service, Inc. v. Hauck waives governmental immunity for a Sabine Pilot claim against a county employer.
2. Whether the Michael Morton Act, Texas Code of Criminal Procedure section 39.14, clearly and unambiguously waives governmental immunity for a wrongful-termination claim based on a prosecutor's refusal to withhold exculpatory evidence.
3. Whether the Supreme Court of Texas should judicially abolish or modify governmental immunity to permit Sabine Pilot claims against governmental entities.

Disposition

affirmed