DAVIS v. KLEVENHAGEN

No. 14-96-01331-CV.

971 S.W.2d 111 (1998)

Sylvester DAVIS, Appellant, v. Johnny KLEVENHAGEN and Kevin W. Ellis, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

June 4, 1998.


Attorney(s) appearing for the Case

Greg Gladden, Houston, for appellants.

Barbara Ann Callistien, Lisa S. Rice, Houston, for appellees.

Before YATES, EDELMAN and O'NEILL, JJ.


OPINION

O'NEILL, Justice.

In this appeal we must decide whether the affirmative defense of official immunity may be raised in a false imprisonment action where an officer executes an arrest warrant on the wrong person. If it may, we must determine whether execution of the arrest warrant involved a discretionary act that would invoke the protection of official immunity. If so, the trial court did not err, as appellant claims, in admitting evidence relevant...

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