Legal Opinion

Swafford v. City of Garland

Court of Appeals of Texas

Decided February 23, 1973No. 4589PublishedCited by 7 opinions

1Opinion of the Court

WALTER, Justice.

Thomas W. Swafford, Jr., filed suit against the City of Garland for damages alleging a cause of action in tort founded on malicious prosecution growing out of a civil suit filed by the City against him. The City’s motion for summary judgment was granted on the doctrine of sovereign immunity. Swafford has appealed and contends the court erred in granting such motion.

We find no merit in his contention that the application of the doctrine of sovereign immunity in this case is offensive to the equal protection and due process clauses of the State and Federal constitutions. We…

2Cases cited3 opinions

  1. Ellis v. City of West University PlaceTexas Supreme Court · 1943
  2. McFadin v. City of San AntonioCourt of Appeals of Texas · 1899
  3. City of Desdemona v. WilhiteCourt of Appeals of Texas · 1927

3Cited by7 opinions

  1. Brown v. Wichita State UniversitySupreme Court of Kansas · 1976
  2. Stout v. Grand Prairie Independent School District, Texas Court of Appeals, 5th District (Dallas)1987
  3. Forestview Homeowners Ass'n v. County of CookAppellate Court of Illinois · 1974
  4. Duson Ex Rel. Duson v. Midland County Independent School DistrictCourt of Appeals of Texas · 1981
  5. Davis v. City of San Antonio, Texas Court of Appeals, 4th District (San Antonio)1987

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