Downing v. Brown

The issue in this ease is whether a teacher has immunity under Tex.Educ.Code. § 22.051. Ruby Lee Downing, as next friend of her minor daughter, Teresa Maria Gutierrez, sued Lubbock Independent School District (LISD), one of its teachers, Ofelia Herrera, and other school officials for personal injuries Teresa sustained when another student assaulted Teresa on two separate occasions. The trial court granted all of the defendants’ motions for summary judgment based on qualified immunity provided by § 22.051. The court of appeals reversed only the summary judgment for Herrera. 925 S.W.2d 316. We…