City of Hempstead v. Kmiec

OPINION

O’CONNOR, Justice.

Donna Milam Kmiee (the plaintiff), sued the City of Hempstead and the Chief of Police of Hempstead, Rudy Trahan, alleging false arrest, false imprisonment, malicious prosecution, and defamation. In her petition, the plaintiff alleged her suit was “partly under the Texas Tort Claims Act.” The City and Chief Trahan appeal from the trial court’s denial of their motion for summary judgment based on official immunity. We reverse and render.

Background

On August 8,1993, while attending a party, the plaintiff got into a fight with another guest, Tina Canaan. Canaan was asked…