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CITY OF SAN ANTONIO v. DUNCAN

No. 04-95-00685-CV.

936 S.W.2d 63 (1996)

CITY OF SAN ANTONIO, Appellant, v. Monique DUNCAN, Individually and as Representative of the Estate of Jonathan Paul Jones, Deceased, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled November 27, 1996.

Attorney(s) appearing for the Case

Darrell Frank Smith, Darrell Frank Smith, P.C., San Antonio, for Appellant.

Andrew E. Toscano, Toscano & Schaufel, P.C., C. Kendall Harrell, Law Offices of C. Kendall Harrell, P.C., San Antonio, for Appellee.

Before STONE, HARDBERGER and DUNCAN, JJ.

ON APPELLANT'S MOTION FOR REHEARING

HARDBERGER, Justice.

This interlocutory appeal questions whether police officers are immune from liability for damages arising from their decision not to arrest an intoxicated person with outstanding arrest warrants. We affirm that portion of the judgment addressing warrants, and reverse and render that portion of the judgment addressing intoxication. Appellant, the City of San Antonio, filed a motion for rehearing concerning...

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