X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

April Walker sued Harris County Sheriff’s Department Deputy Corey Alexander and Sergeant Jimmie Cook for assault, conspiracy, slander, false arrest, false imprisonment, and malicious prosecution. Several weeks later, Walker sued Harris County in federal court for the same claims that she asserted against the officers, based on vicarious liability, and for violation of sections 1983 and 1988. See 42 U.S.C. §§ 1983 & 1988 (2006). The officers moved for summary judgment in the state court proceeding, contending that the election of remedies provision of the Texas Tort Claims Act bars the suit against them. See TEX. CIV. PRAC. & REM. CODE ANN. § 101.106(a), (e)-(f) (Vernon 2005). The trial court denied the motion. On appeal, the officers contend that the trial court erred in denying their summary judgment motion. We hold that the trial court properly denied the officers’ summary judgment motion. We therefore affirm.

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

Premium Subscription

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

Team Accounts

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

Bundle Subscriptions

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

BenefitsPRO Broker Expo 2021

May 18, 2021 - August 18, 2021
Virtual / San Diego, CA

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


Register

African Legal Awards 2021

September 03, 2021
TBD

The African Legal Awards are set out to recognise exceptional achievement from Africa s legal elite.


Register

General Counsel Summit (GCS) 2021

September 07, 2021 - September 08, 2021
Sydney

General Counsel Summit is the premier event for in-house counsel, hosting esteemed legal minds from all sectors of the economy.


Register

Princeton, NJ - Corporate Associate

Princeton, New Jersey, United States

Fox Rothschild LLP has an opening in the Princeton, NJ office for a corporate associate. The ideal candidate will have 3 to 5 year...


Apply Now ›

San Francisco, CA - Corporate Associate

San Francisco, California, United States

Fox Rothschild LLP has an opening in our San Francisco office for a corporate associate. The ideal candidate will have two to five years of ...


Apply Now ›

Montgomery County, PA – Litigation Associate

Blue Bell, Pennsylvania, United States

Fox Rothschild LLP has an opening in the Montgomery County (Blue Bell), PA office for a litigation associate. The ideal candidate will have&...


Apply Now ›

VAN DER VEEN, O NEILL, HARTSHORN, AND LEVIN

07/27/2021
TLI Web

VAN DER VEEN, O NEILL, HARTSHORN, AND LEVIN is pleased to welcome Frank Breitman, Esq. a talented and respected litigator to our ranks of trial lawyers.


View Announcement ›

HARWOOD LLOYD, LLC

07/26/2021
NJLJ Web

HARWOOD LLOYD, LLC Welcomes Beth L. Barnhard, Esq. Beth has joined the firm as Counsel in the Wills, Trusts and Estates Department. She is Certified to be an Elder Law Attorney (CELA) by the ABAaccredited National Elder Law Foundation.


View Announcement ›

SNYDER SARNO D'ANIELLO MACERI & DACOSTA

07/26/2021
NJLJ Web

SNYDER SARNO D'ANIELLO MACERI & DACOSTA is Proud to Announce the opening of New Morristown Office!


View Announcement ›