 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Pruett v. City of Amarillo6/20/1997
d; whether to act and then how to act. Though arising from a common impetus, they are nonetheless distinct acts. And, since each may proximately cause injury to others, the actor's good faith with regard to each must be established.
Thus, when complainants allege, like the Pruetts here, that the officer was negligent in both deciding to pursue and in pursuing in the way he did, it is incumbent upon their opponent to conclusively prove that both acts were undertaken in good faith. Because Amarillo did not, it was not entitled to summary judgement on the defense of qualified immunity.
Finally, we are mindful of the dire situation often confronting police officers, and nothing herein should be read as indication that the officer at bar acted improperly. We simply hold that Amarillo did not satisfy the burden imposed on it by Texas Rule of Civil Procedure 166(a).
Accordingly, we affirm summary judgement as to the claims encompassing Amarillo's purported negligence in failing to institute procedures involving safe pursuit, in failing to instruct its policemen regarding those procedures, and in authorizing pursuits without reasonable justification. In all other things, we reverse summary judgment and remand the cause for further proceedings.
Publish. Tex. R. App. P. 90(c).
Page 1 2 3 4 5 Texas DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|