Has anyone had any experience in cases filed after 9/1/03 regarding election of remedies under the new section 101.106? I have a case where our district clerk was sued for 4 state torts (and one � 1983 cause of action), both individually and in his official capacity. The county was not sued. I would be very interested in talking to anyone with experience under the new law.

I currently have a motion to dismiss based on the new section 101.106(e) pending in a jail suicide case. It would've been resolved by now, but our local district judge recused himself, so I'm waiting for the assigned judge to give me a hearing. Thus, I cannot provide anecdotal material, but I would be happy to send the forms I've used (for what they're worth).

I would love to have a copy of your motion. My fax is 915-546-2133 or my email is Kitty.Schild@ca.epcounty.com. Thanks. I'll let you know what happens in my case.