Texas Supreme Court

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

October 12, 200038 S.W.3d 578

Summary

The Texas Supreme Court held that the Wadewitz good‑faith factors apply to police pursuit cases and that Sergeant Williams and Officer Stewart established good faith as a matter of law in University of Houston v. Clark, reversing the appellate court and remanding for a determination of the officers’ discretionary status; conversely, the Court affirmed the appellate judgment that Deputy Constable Ener did not establish good faith in Ener v. Thomas. Justice ENOCH concurred in the Clark judgment but dissented from the Ener result.