Univ. of Texas S.W. Med. Ctr. Dallas v. Margulis

• Decision Date: 06 January 2000
• Docket Number: No. 99-0443,99-0443
• Citation: 11 S.W.3d 186
• Parties: (Tex. 2000) The University of Texas Southwestern Medical Center of Dallas, Patricia Winchester, Nancy C. Fain, and Kern Wildenthal, M.D. in his official capacity as President of the University of Texas Southwestern Medical Center at Dallas, Petitioner v. Inessa Margulis, Respondent
• Court: Texas Supreme Court

Page 186

11 S.W.3d 186 (Tex. 2000)

The University of Texas Southwestern Medical Center of Dallas,

Patricia Winchester, Nancy C. Fain, and Kern Wildenthal, M.D.

in his official capacity as President of the University of

Texas Southwestern Medical Center at Dallas, Petitioner v. Inessa Margulis, Respondent

No. 99-0443

IN THE SUPREME COURT OF TEXAS

January 6, 2000

On Petition for Review from the

Court of Appeals for the Fifth District of Texas

PER CURIAM

The issue in this case is whether the court of appeals has jurisdiction over an interlocutory appeal of the denial of a motion for summary judgment that asserted qualified immunity as a defense to a claim based on 42 U.S.C. 1983. The court of appeals held that it did not have jurisdiction because the motion for summary judgment was not supported by any evidence that the state employees were entitled to qualified immunity. The motion for summary judgment argued that as a matter of law the plaintiff failed to plead specific facts that would indicate a violation of clearly established law. We hold that the court of appeals does have jurisdiction over the interlocutory appeal. Accordingly, we reverse the judgment of the court of appeals and remand the case to that court to consider the merits of the appeal.

The petitioners filed an interlocutory appeal in the court of appeals pursuant to section 51.014 of the Texas Civil Practice and Remedies Code. Ordinarily, this Court would not have jurisdiction to review a court of appeals' decision on an interlocutory appeal unless there is a dissent in the court of appeals, conflicts jurisdiction, or a specific statute granting jurisdiction. See Tex. Gov't Code 22.225; Hajek v. Bill Mowbray Motors, Inc., 647 S.W.2d 253, 254 (Tex. 1983). However, even when an appeal is interlocutory, we have jurisdiction to determine whether the court of appeals has jurisdiction of the appeal. See Awde v. Dabeit, 938 S.W.2d 31, 32 (Tex. 1997); De los Santos v. Occidental Chem. Corp., 933 S.W.2d 493, 494 (Tex. 1996); Del Valle Indep. Sch. Dist. v. Lopez, 845 S.W.2d 808, 809 (Tex. 1992); Long v. Humble Oil & Ref. Co., 380 S.W.2d 554, 555 (Tex. 1964). We therefore consider the narrow issue of jurisdiction in this case.

Inessa Margulis, a student at the University of Texas Southwestern Medical Center at Dallas, was charged with scholastic dishonesty and was expelled. She sued the University and three school officials, Patricia Winchester, Nancy Fain, and the president of the University, Kern Wildenthal, M.D., in their official and individual capacities. Margulis claimed that the defendants had violated 42 U.S.C. 1983 by, among other things, discriminating against her because of her national origin and religious beliefs.

Winchester and Fain asserted qualified immunity as a defense, and all defendants specially excepted to Margulis's pleadings for failure to allege with sufficient specificity facts showing that either Winchester or Fain had violated Margulis's right to due process or equal protection and for failure to allege that no reasonable officer could have understood that the actions that these defendants allegedly took were unlawful. The trial court sustained the special exceptions, and Margulis amended her petition. Winchester and Fain then moved for partial summary judgment on the grounds that Margulis had failed, after special exception and amendment, to allege facts showing (1) that she had a property interest in her pursuit of a degree from the University, (2) what due process procedures had been denied, (3) that Winchester and Fain enforced rules against Margulis while others who...