Carroll v. Black
Cases that cite this one
14 later published cases cite this decision.
- the Texas State Office of Administrative Hearings v. Carol Birch, Charles Homer, Ann Landeros and Carol Wood (Tex. App. 2013)
- Texas State University and Texas State University System v. Stuart Patrick Wilkinson (Texas Court of Appeals, 15th District 2025)
- the Texas State Office of Administrative Hearings v. Carol Birch, Charles Homer, Ann Landeros and Carol Wood (Tex. App. 2010)
- Salazar v. Lopez (Tex. App. 2002)
- University of Texas Medical Branch at Galveston v. Hohman (Tex. App. 1999)
- Eric D. Hillman v. Nueces County, Texas and Nueces County District Attorney's Office (Tex. 2019)
- Hillman v. Nueces Cnty. (Tex. App. 2017)
- Arnold Ochoa v. the City of Palmview (Tex. App. 2014)
- Alcala v. Texas Webb County (District Court, S.D. Texas 2009)
- Midland Independent School District v. Watley (Tex. App. 2006)
- Midland Independent School District and Tom Holland v. Laura Gina Watley (Tex. App. 2006)
- Midland Independent School District and Tom Holland v. Laura Gina Watley (Tex. App. 2006)
- Nueces County, Texas, (Former) Commissioner Roy Hinojosa and (Former) County Judge Richard Borchard v. Mary Thornton (Tex. App. 2004)
- Cuellar v. State (Tex. App. 1997)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION
Matthew Carroll sued several Texas A & M University officials claiming wrongful discharge. The defendants filed a plea to the jurisdiction asserting the defense of sovereign immunity. After a hearing, the court granted the defendants’ plea to the jurisdiction. Carroll appeals on one point: Does the Sabine Pilot exception to the employment-at-will doctrine apply to public employees asserting the defense of sovereign immunity? See Sabine Pilot Serv. Inc. v. Rauch, 687 S.W.2d 733 (Tex. 1985).
Texas has long adhered to the employment-at-will doctrine. East Line & R.R.R. Co. v. Scott, 72 Tex. 70, 75, 10 S.W. 99, 102 (1888). Some exceptions have been made to the doctrine by statute. See, e.g., Tex Labor Code Ann. § 451.001 (Vernon 1996) (discharge for filing worker’s compensation claim); Tex Gov’t Code Ann. § 554.002 (Whistleblower Act) (Vernon Supp. 1996). In 1985, our Supreme Court created a “very narrow” judicial exception to the employment-at-will doctrine: an employer may not discharge an employee “for the sole reason that the employee refused to perform an illegal act.” Sabine Pilot, 687 S.W.2d at 735.
The appellees do not dispute that the Sabine Pilot exception to the at-will doctrine exists. Instead, they argue that the exception does not overcome their defense of sovereign immunity. As state officials who were acting in their official capacity, appellees assert that — absent legislative consent or statutory exception — they are entitled to the immunity defense. See Bagg v. University of Texas Med. Branch, 726 S.W.2d 582, 586 (Tex.App.—Houston [14th Dist.] 1987, writ ref d n.r.e.).
The justifications for sovereign immunity have long been criticized. 1 Green Intern., Inc. v. State, 877 S.W.2d 428, 433 (Tex. *135 App.—Austin 1994, writ denied, order withdrawn, dism’d). However, the waiver of sovereign immunity is a matter properly addressed to the legislature. University of Texas Med. Branch v. York, 871 S.W.2d 175, 177 (Tex. 1994).
Because we find neither legislative consent nor a statutory exception to sovereign immunity, we cannot say the trial court erred in dismissing CarrolTs suit. We affirm the judgment.
. Former Supreme Court Justice William Kilgar-lin has filed an amicus curiae brief denouncing the doctrines of sovereign immunity and employment-at-will as "relics of the past.”
Case-law data current through September 30, 2026. Source: CourtListener bulk data.