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TEXAS YOUTH COM'N v. GIVENS

No. 03-96-00117-CV.

925 S.W.2d 760 (1996)

TEXAS YOUTH COMMISSION, Appellant, v. Jeanie Kay GIVENS and Bobby Wayne Givens, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled August 14, 1996.

Attorney(s) appearing for the Case

Lionel J. Castro, Asst. Atty. Gen., Tort Litigation Div., Austin, TX, for appellant.

Gene S. Silverblatt, Killeen, TX, for appellee.

Before CARROLL, C.J., and ABOUSSIE and KIDD, JJ.

CARROLL, Chief Justice.

Appellees, Jeanie Kay Givens and Bobby Wayne Givens, brought suit against appellant Texas Youth Commission ("TYC") under the Texas Tort Claims Act. See Tex. Civ. Prac. & Rem.Code Ann. § 101.001 et seq. (West 1986 & Supp.1996). TYC moved for summary judgment on the basis of official immunity, among other things. The district court denied the portion of TYC's motion for summary judgment that was based on the affirmative defense...

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