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· 6/6/2014

the City of Watauga v. Russell Gordon

Citations

  • 434 S.W.3d 586
  • 57 Tex. Sup. Ct. J. 683
  • 2014 WL 2535995
  • 2014 Tex. LEXIS 456

How courts have described this case

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

  • holding that because the gravamen of the complaint was a police officer’s use of excessive force, the plaintiffs claim arose from battery rather than negligence
  • holding that a claim for excessive force is an intentional tort that is not actionable under the Texas Tort Claims Act
  • stating that TTCA “does not waive immunity when the claim arises out of an intentional tort”
  • explaining that excessive force claims “in the context of a lawful arrest arise out of battery,” not negligence
  • explaining that Tort Claims Act’s “limited waiver does not apply to intentional torts”
  • stating that limited waiver in section 101.021(2) “does not apply to intentional torts”

Source: CourtListener parenthetical corpus (CC0).

Judges: Devine

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.