Menefee v. Kathryn

OPINION

SUE WALKER, Justice.

I. Introduction

This is an interlocutory appeal by Appellant Keane Menefee from the trial court’s denial of his motion to dismiss Appellees Kathryn and Jeremy Medlens’ lawsuit against him. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(5) (Vernon 2008). The primary issue we address is whether Menefee was entitled to dismissal based on section 101.106(f) of the Texas Tort Claims Act (TTCA), the “Election of Remedies” section providing that a governmental employee is entitled to dismissal of a suit brought against him when the suit is based on conduct within the…