Arrestee sued county sheriff’s deputy and sergeant on various tort claims arising from two separate incidents. The District Court denied defendants’ motion for summary judgment. Defendants appealed. The Court of Appeals affirmed. Defendant filed petition for review, which was granted.
The Supreme Court of Texas held that allegations in arrestee’s petition were based on conduct within general scope of officers’ employment and could have been brought under Texas Tort Claims Act (TTCA), compelling dismissal under statute’s election-of-remedies provision.