School district employee immunity
The Texas Education Code states in relevant part that “a professional employee of a school district is not personally liable for any act that is incident to or within the scope of duties of the employee’s position of employment and that involves the exercise of judgment or discretion on the part of the employee, except in circumstances in which a professional employee uses excessive force in the discipline of students or negligence resulting in bodily injury to students. In the May 20, 2010 opinion in Robinson v. Brannon, Mr. Robinson a school district employee alleged among other things that two other school district employees Mr. Brannon and Ms. Freeman had participated in harassing phone calls, text messages and defamatory e-mail and the court stated that Mr. Brannon and Ms. Freeman were not entitled to professional immunity under the statute, as such actions were not within the scope of their employment.