City of San Antonio v. Riojas (Opinion)
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The Supreme Court reversed the judgment of the court of appeals holding that the City of San Antonio was not immune from suit under the Texas Tort Claims Act, Tex. Civ. Prac. & Rem. Code 101.001-101.109, for injuries arising from the use of law enforcement vehicles, holding that the court of appeals erred.
Plaintiff was injured when he was riding his motorcycle behind a police officer's vehicle but three lanes over and the car in front of him braked. Plaintiff sued the City, alleging that the officer was negligent in turning on his emergency lights. The trial court concluded that the City failed to prove that the officer was entitled to official immunity, and the court of appeals affirmed. The Supreme Court reversed and dismissed Plaintiff's claims against the City for lack of jurisdiction, holding that the City made the necessary showing that its officer acted in good faith.
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