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Resolved Question: Do "power to sue and be sued" clauses waive sovereign immunity?
The Texas Supreme Court says no; a city or other governmental entity may thus sue its contractors for breach of contract, but contractors cannot rely on same "sue and be sue" clause to file suit when the entity breaches its contract. Does this violate the equal protection clause and the constitutional right to access the courts? In handing down decisions in numerous pending sovereign immunity appeals, the Texas Supreme Court overruled its previous precedent and established the rule that statutory language vesting universities, cities, and special districts with power to “sue and be sued” did not waive the entities’ governmental immunity (derived from the State’s sovereign immunity). Tooke v. City of Mexia, No. 03-0878 (Tex. June 30, 2006). The Court holds that immunity is waived when the entities bring suit or intervene in a pending suit and assert a claim for affirmative relief arising from the same underlying facts. Reata v. City of Dallas, No. 02-1031 (Tex. June 30, 2006) moreTop Equal Protection Clause Handed Down Links
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