Legal Opinion

Hallmark v. City of Fredericksburg

Texas Court of Appeals, 4th District (San Antonio)

Decided November 21, 2002No. 04-01-00595-CVPublishedCited by 16 opinions

1Opinion of the Court

Opinion by:

KAREN ANGELINI, Justice.

Vern Hallmark appeals the trial court’s grant of summary judgment in favor of the City of Fredericksburg (“City”), Lt. Steve Wetz, Sgt. Elgin Durst, and Officer Felix Castaneda. According to Hallmark, the trial court erred in dismissing his 42 U.S.C. § 1983 claim and his tort claims for trespass, assault and battery, and intentional infliction of emotional distress. We affirm in part, reverse and remand in part, and reverse and render in part.

Background

In reviewing the grant of a motion for summary judgment, we look at the facts in the light most favorable…

2Cases cited26 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Graham v. ConnorSupreme Court of the United States · 1989
  3. Anderson v. CreightonSupreme Court of the United States · 1987
  4. Kentucky v. GrahamSupreme Court of the United States · 1985
  5. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985

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3Cited by16 opinions

  1. Waxahachie Independent School District v. Johnson, Texas Court of Appeals, 10th District (Waco)2005
  2. Welch v. Milton, Texas Court of Appeals, 5th District (Dallas)2006
  3. Fox v. Wardy, Texas Court of Appeals, 8th District (El Paso)2010
  4. City of El Paso and John F. Cook, in His Official Capacity as Mayor of El Paso v. Tom Brown Ministries, Word of Life Church of El Paso, Tom Brown, El Pasoans for Traditional Family Values and Ben Mendoza, Texas Court of Appeals, 8th District (El Paso)2016
  5. Bernice M. DeRouen v. the Falls County Sheriff Department, Ricky Scaman, Deputy Sheriff, in His Individual and Official Capacities, Texas Court of Appeals, 10th District (Waco)2008

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