Texas Supreme Court

Mark Andrew Telthorster, Petitioner v. Ollie Lee Tennell, Respondent

June 27, 200245 Tex. Sup. Ct. J. 948

Summary

The Texas Supreme Court held that the good‑faith element of official immunity for a police officer who injures a suspect during an arrest is satisfied by the Chambers "could have believed" test without requiring the particularized need‑risk analysis articulated in Wadewitz, and that Officer Telthorster met this burden, so the Court reversed the Court of Appeals and granted summary judgment for the officer. Justice ENOCH and Justice OWEN filed concurring opinions.