Gonzalez v. City of El Paso

WILLIAMS, Justice.

This is an appeal from a summary judgment in favor of defendant, City of El Paso, in the 41st District Court of El Paso County. The pleadings and undisputed facts show that Joe Marusich, a city policeman, shot and killed the minor son of the plaintiff while Marusich was on guard duty at the city dump, a place owned and maintained by the City of El Paso for the purpose of disposing of garbage, located near the Rio Grande River, in El Paso. The original petition alleged that Marusich “was acting in the capacity of City policeman and peace officer for the defendant, City of El…