Legal Opinion

City of San Antonio v. Garcia

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

Decided May 20, 1998No. 04-98-00028-CVPublishedCited by 9 opinions

1Opinion of the Court

OPINION

GREEN, Justice.

This accelerated appeal arises from the denial of a motion for summary judgment, based on official immunity, made by the City of San Antonio and Alex Devora, Jr., an officer of the San Antonio Police Department (SAPD). In a single point of error, the City and Devora argue they are entitled to summary judgment because they conclusively proved the affirmative defense of good faith. We affirm the trial court’s judgment because material fact issues surround the underlying traffic stop and arrest.

Factual and Procedural Background

On November 4, 1995, officers Devora and Edward…

2Cases cited8 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. City of Lancaster v. ChambersTexas Supreme Court · 1994
  3. Kassen v. HatleyTexas Supreme Court · 1994
  4. DeWitt v. Harris CountyTexas Supreme Court · 1995
  5. Wadewitz v. MontgomeryTexas Supreme Court · 1997

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3Cited by9 opinions

  1. Telthorster v. TennellTexas Supreme Court · 2002
  2. Hidalgo County v. Gonzalez, Texas Court of Appeals, 13th District2004
  3. Roberts v. Foose, Texas Court of Appeals, 1st District (Houston)1999
  4. Saenz v. Gonzalez, Texas Court of Appeals, 4th District (San Antonio)2002
  5. City of Missouri City, Texas v. Brenda Passante, Gloria Robinson, Norma Young, and Sandra Henry, Texas Court of Appeals, 14th District (Houston)2010

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