Action Claiming Sexual Assault at Mental Health Facility
In Rodriguez v. Christus Spohn Health Sys. Corp., No. 10-40371, an action alleging that, while receiving voluntary inpatient mental health treatment at defendant hospital, plaintiff was sexually assaulted by a staff member, the court vacated the denial of defendants' Fed. R. Civ. P. 12(b)(1) motion to dismiss plaintiff's state law claims based on government immunity where 1) plaintiff's claim under Chapter 74 of the Texas Civil Practice and Remedies Code was a tort based on a statute that contained no independent waiver of immunity; 2) defendant was immune to any claim under Chapter 81 except as allowed by section 81.010; and 3) pursuant to the election of remedies provision of the Tort Claims Act, plaintiff's claims against the alleged assailant must be dismissed.
As the court wrote: "Appellants CHRISTUS Spohn Health System Corp., CHRISTUS Spohn Health System Corp. d/b/a CHRISTUS Spohn Hospital Corpus Christi-Memorial, and CHRISTUS Health (collectively "CHRISTUS") appeal the district court's denial of their Rule 12(b)(1) motion to dismiss Appellee Susanna Hinojosa Rodriguez's state law claims based on government immunity."
- Read the Fifth Circuit's Decision in Rodriguez v. Christus Spohn Health Sys. Corp., No. 10-40371