Rey Garza v. Roxana Regalado Harrison and Joseph Santellana, Individually and as Respresentative of the Estate of Jonathen Anthony Santellana

The election-of-remedies provision in section 101.106(f) of the Texas Tort Claims Act requires courts to grant a motion to dismiss a lawsuit against a governmental employee sued in an "official capacity" but allows the governmental unit to be substituted for the employee. By adopting section 101.106(f), the Legislature has effectively *394 mandated that only a governmental unit can be sued for a governmental employee's work-related tortious conduct. In this case, an off-duty law enforcement officer fatally shot a suspect during the course of an attempted arrest outside his primary jurisdiction.…