Saenz v. Gonzalez

Opinion by:

PHIL HARDBERGER, Chief Justice.

This official immunity case raises the issue of whether an officer was acting in good faith when his fellow officer testified that he refused to stop and investigate a known drunk driver because the driver would smell up his new squad car if he arrested him. Shortly thereafter, the drunk driver was involved in a car wreck that killed two people and seriously injured three more.

The sole issue presented in this appeal is whether the summary judgment evidence conclusively established that Brooks County Deputy Sheriff Beto Gonzalez (“Gonzalez”) acted in…