Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appellant Latisha McFadden, after being found not guilty on a criminal charge of assault on a police officer, filed suit against appellees Rogelio Sanchez, Greg Oleskey, Tamara Joseph, and Michael Pollard–the four police officers who procured her arrest. The district court granted appellees’ plea to the jurisdiction and motion for summary judgment, and entered a take nothing judgment against McFadden. We affirm the judgment of the district court with respect to McFadden’s assault and false imprisonment claims, based on limitations. However, we conclude that McFadden’s malicious prosecution claim could not have been brought under the Texas Tort Claims Act against the governmental unit that employs appellees and, therefore, Texas Civil Practice and Remedies Code section 101.106(f) does not require the lawsuit to be dismissed. We reverse the judgment of the district court with respect to McFadden’s claims of malicious prosecution and conspiracy to commit malicious prosecution, and remand for further proceedings consistent with this opinion.

Factual and Procedural Background

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
April 25, 2024

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.

Learn More
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.

Learn More
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.

Learn More

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...

Apply Now ›

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...

Apply Now ›

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...

Apply Now ›
Connecticut Law Tribune


View Announcement ›
New Jersey Law Journal

Professional Announcement

View Announcement ›
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days

View Announcement ›