· 7/2/2010
University of Texas at El Paso v. Herrera
Citations
- 322 S.W.3d 192
- 53 Tex. Sup. Ct. J. 956
- 2010 Tex. LEXIS 479
- 93 Empl. Prac. Dec. (CCH) 43,940
- 2010 WL 2636086
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding statement in university's handbook referencing employees' possible right to bring suit did not waive Eleventh Amendment immunity
- noting that states and state agencies are entitled to Eleventh Amendment immunity in state court, unless Congress validly abrogates this immunity or the state waives this immunity
- observing that the phrase “serious health condition,” as used in federal law, includes any serious “illness, injury, impairment, or physical or mental condition,” without suggesting the terms require a particular cause
- finding no waiver of immunity by state university through its personnel handbook
- finding no waiver of immunity by state university through its personnel handbook
- “Our federal and state constitutional designs embody the principle of state sovereignty that shields States from private suits in their own courts and in the federal courts.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Willett, Lehrmann
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.