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 test. The Court also noted that it need not decide the City’s sovereign‑immunity defense because it rests on the official‑immunity issue. Justice ENOCH dissented, arguing that the evidence did establish good faith and that summary judgment should be granted.