University of Houston, Matthew Stewart, and Jon Williams, Petitioners v. Demetria Clark, Respondent; Steven Gary…

Summary

The Texas Supreme Court held that the Wadewitz good‑faith factors apply to police pursuit cases, reversed the appellate court’s judgment on the good‑faith issue in University of Houston v. Clark and remanded for a determination of whether Officer Stewart performed a discretionary or ministerial function, and affirmed the appellate court’s judgment that Deputy Constable Ener did not establish good faith. Justice Enoch filed a partial concurrence and dissent, agreeing with the majority on Clark but disagreeing with the majority’s conclusion in Ener.