Tutt v. City of Abilene

OPINION

DICKENSON, Justice.

The controlling issue is whether the Texas Constitution imposes liability upon a city for damages caused by the false arrest, search, and incarceration of citizens — when the ar rests were based upon incorrect information from an undercover narcotics agent who was not an employee of the city but who was paid by the city police department. The trial court sustained the City’s motion for summary judgment. We affirm.

Willie Grady Tutt, Walter Franklin Beal, Mart Lee Brown, Jr., Douglas Eugene Norman, and Phillip Don Norman (plaintiffs) filed suit against the City of…