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Alexander v. Walker

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 42 U.S.C. §§1983 & 1988. 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. The trial court denied the motion. Under Texas Tort Claims Act §101.106(b) Walker irrevocably elected to sue the police officers individually, barring all subsequent suits against Harris County, their governmental employer. That election foreclosed any subsequent election under §101.106(a) when Walker sued the county in federal court, absent the applicability of subsection (f). The trial court properly denied the officers' summary judgment motion. The trial court's order is affirmed. Houston's 1st Court of Appeals, No. 01-10-00147-CV, 06-23-2011.

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OPINION ON MOTION FOR REHEARING

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) (West 2005). The trial court denied the motion. On appeal, the officers contend that the trial court erred in denying their summary judgment motion. On January 13, 2011, we issued an opinion affirming the judgment of the trial court. The officers filed a motion for rehearing. We grant the motion, withdraw our opinion issued January 13, 2011, and issue this opinion in its stead. Our disposition is unchanged.

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