A principal issue is whether the trial court erred by refusing to dismiss department employees from a wrongful-death lawsuit under the Texas Tort Claims Actís election-of-remedies provision when the plaintiff added federal Section 1983 claims while the department's dismissal motion was pending. Cannon sued the department and employees, alleging tort claims, after her son, a patient at the Brenham State School, died after employees restrained him. In a jurisdictional plea, the department asserted sovereign immunity, then moved to dismiss claims against the employees, arguing that Cannon could not sue both the department and the employees. Before the trial court acted on that dismissal motion, Cannon dropped her tort claims and amended the suit to allege only federal civil-rights violations under Section 1983. But the department contends claims against the employees effectively were dismissed when it moved to dismiss because the statute makes dismissal mandatory. In its review, the court of appeals affirmed the trial court's refusal to drop the claims against the employees.