Clark v. University of Houston

OPINION ON REMAND

NORMAN LEE, Senior Justice (Assigned).

In this appeal we face the limited question of whether a police officer pursuing a suspect is engaged in a discretionary act when his pursuit is at the direction of a superior officer. Because we find that this officer’s pursuit was a discretionary act, we affirm the judgment of the trial court.

On February 9,1991, Kevin Thomas was involved in a fight at the University Center Circle on the University of Houston campus. Thomas got into his vehicle although University police officers instructed him to stay. Before the officers could…