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GALLIA v. SCHREIBER

No. 01-94-00829-CV.

907 S.W.2d 864 (1995)

Emery Marcallan GALLIA, Appellant, v. Elson Roy SCHREIBER, Individually and as Personal Representative of the Estate of Judy Ann Schreiber and as Next Friend of Kelly Ann Schreiber and Kevin Wayne Schreiber, Minors, and the Diocese of Victoria, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

August 24, 1995.

Attorney(s) appearing for the Case

Darryl K. Carter, Houston, Phil Steven Kosub, Robinson C. Ramsey, San Antonio, for appellant.

Wayne Fisher, Sharon S. McCally, Houston, for appellees.

Before COHEN, TAFT and MIRABAL, JJ.

OPINION

MIRABAL, Justice.

The issue in this case is whether a part-time police officer is insulated from liability for damages allegedly arising from his decision not to arrest a person for public intoxication when that person later commits a murder. Elson Roy Schreiber sued appellant Gallia, a part-time police officer for the City of Shiner, Texas, in connection with the murder of Schreiber's wife by a third party. Gallia, by motion for summary judgment...

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