Marwan Alsuhaili v. Austin Roadside Services, Inc., and Ruth Bueschel Strackany

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding § 10(j)(2) applied when visitor at correctional facility was injured by the intervention of a correctional officer attempting to subdue an inmate
• concluding that §10(j) did not bar liability based on prison guards’ affirmative conduct in intervening in an altercation between an inmate and a visitor in such a way as to cause an iron gate to be pinned up against the plaintiff, another visitor
• § 10 [ j ][2] exception applicable where affirmative act of pushing iron gate against plaintiff to subdue inmate exacerbated situation to plaintiff's detriment
• § 10(j) did not bar negligence claim against county where correctional officers’ subduing inmate in visitor area caused injury to plaintiff-bystander
• correction officers’ affirmative act of pushing iron gate against plaintiff in course of trying to subdue inmate
• “the [appellate] cases to date construing §10(j) and holding it a bar to tort liability involve fact patterns where a third party, not the governmental actor, directly harmed the plaintiff’

Source: CourtListener parenthetical corpus (CC0).