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TUTT v. CITY OF ABILENE

No. 11-93-305-CV.

877 S.W.2d 86 (1994)

Willie Grady TUTT et al., Appellants, v. CITY OF ABILENE, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Denied June 16, 1994.

Attorney(s) appearing for the Case

Randall C. Jackson, Jr., Speiser, Krause, Madole & Mendelsohn, San Antonio, for appellants.

Claudia Clinton, Sharon E. Sneed, Susan M. Yantis, City Atty's. Office, Abilene, for appellee.

OPINION

DICKENSON, Justice.

The controlling issue is whether the Texas Constitution imposes liability upon a city for damages caused by the false arrest, search, and incarceration of citizens—when the arrests were based upon incorrect information from an undercover narcotics agent who was not an employee of the city but who was paid by the city police department. The trial court sustained the City's motion...

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