Chapter § 7-4 § 554.0035. Waiver of Immunity

• Jurisdiction: United States

7-4 § 554.0035. Waiver of Immunity

A public employee who alleges a violation of this chapter may sue the employing state or local governmental entity for the relief provided by this chapter. Sovereign immunity is waived and abolished to the extent of liability for the relief allowed under this chapter for a violation of this chapter.

From time to time, a whistleblower will find its way into federal court as a supplemental claim, but a waiver of immunity in state court does not amount to a waiver of immunity in federal court and thus the claim should be dismissed.

• Cantu v. City of Corpus Christi, No. 2:15-CV-71, 2017 U.S. Dist. LEXIS 30387 (S.D. Tex. Mar. 1, 2017)

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