Legal Opinion

City of Garland v. Rivera

Texas Court of Appeals, 5th District (Dallas)

Decided October 11, 2004No. 05-04-00516-CVPublishedCited by 36 opinions

1Opinion of the Court

OPINION

Opinion By Justice RICHTER.

This case involves a governmental unit’s plea to the jurisdiction. The City of Garland was sued by appellee Rivera for the death of her father stemming from his resistance to an arrest by city police officers. The city filed a plea to the jurisdiction based upon sovereign immunity and lack of standing, which the trial court denied.

In this interlocutory appeal, the city seeks reversal based upon three issues. First, the city urges the facts alleged point to intentional, rather then negligent, conduct, and thus, the Texas Tort Claims Act’s limited waiver of…

2Cases cited15 opinions

  1. Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
  2. Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
  3. O'Shea v. LittletonSupreme Court of the United States · 1974
  4. Texas Natural Resource Conservation Commission v. IT-DavyTexas Supreme Court · 2002
  5. Murphy v. HuntSupreme Court of the United States · 1982

10 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. the City of Watauga v. Russell GordonTexas Supreme Court · 2014
  2. Aguirre v. City of San AntonioCourt of Appeals for the Fifth Circuit · 2021
  3. City of Dallas v. Hillis, Texas Court of Appeals, 5th District (Dallas)2010
  4. City of Dallas v. Woodfield, Texas Court of Appeals, 5th District (Dallas)2010
  5. City of Waco v. Williams, Texas Court of Appeals, 10th District (Waco)2006

31 more not listed; retrieve them via the Exa API.

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