Texas Supreme Court

William Wadewitz and the City of Waco, Texas, Petitioners v. Dallas Montgomery and Michelle Montgomery, Respondents

October 2, 1997951 S.W.2d 464

Summary

The Texas Supreme Court affirmed the Court of Appeals' denial of summary judgment on Officer Wadewitz's official immunity defense, holding that the summary judgment record did not conclusively establish the good‑faith element required by the Chambers balancing test. The Court also declined to address the City's sovereign‑immunity claim because it hinged on the official‑immunity issue.