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NABEJAS v. TEXAS DEPT. OF PUBLIC SAFETY

No. 13-96-471-CV.

972 S.W.2d 875 (1998)

Alicia NABEJAS and Ruben Nabejas, Appellants, v. TEXAS DEPARTMENT OF PUBLIC SAFETY and Officer Martin Dellert, in his official capacity as Department of Public Safety Officer, and in his individual capacity, Appellees.

Court of Appeals of Texas, Corpus Christi.

June 18, 1998.

Attorney(s) appearing for the Case

Raymond L. Gill, San Juan, for Appellants.

Seth Byron Dennis, Dan Morales, Jorge Vega, First Asst. Atty. Gen., Drew T. Durham, Deputy Atty., Gen. for Crim. Justice, Ann Kraatz, Asst. Atty. Gen., Chief, Law Enforcement Defense Div., Austin, for Appellees.

Before DORSEY, YANEZ, and RODRIGUEZ, JJ.

OPINION

RODRIGUEZ, Justice.

Appellants, Alicia Nabejas and Ruben Nabejas, appeal the trial court's summary judgment in favor of the Texas Department of Public Safety ("DPS") and Officer Martin Dellert. We dismiss in part and reverse and remand in part.

While working routine patrol on April 23, 1994, Officer Dellert stopped appellants' vehicle for speeding. The vehicle was occupied by appellants and...

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