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CITY OF BEVERLY HILLS v. GUEVARA

No. 10-94-203-CV.

886 S.W.2d 833 (1994)

CITY OF BEVERLY HILLS, Appellant, v. David GUEVARA, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled November 9, 1994.

Attorney(s) appearing for the Case

David G. Tekell, Naman, Howell, Smith & Lee, Waco, for appellant.

Darren Obenoskey, Andrews & Associates, Waco, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

VANCE, Justice.

David Guevara filed suit under the Texas Tort Claims Act against the City of Beverly Hills ("City") alleging that Michael York, a city police officer, negligently caused him injury in the course of handcuffing him. See TEX.CIV.PRAC. & REM.CODE ANN. § 101.001-101.109 (Vernon 1986 & Supp.1994). Guevara did not sue York individually.

The City filed a motion for summary judgment on the basis of sovereign immunity...

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