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TEXAS DEPARTMENT OF PUBLIC SAFETY v. CORDES

No. 03-01-00680-CV.

85 S.W.3d 342 (2002)

Texas DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Jody CORDES, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled September 19, 2002.

Attorney(s) appearing for the Case

Kamilla L. Stokes, Assistant Attorney General, Austin, for Appellant.

R. Allen Rogers, The Dunham Law Firm, Austin, for Appellee.

Before Chief Justice ABOUSSIE, Justices B.A. SMITH and YEAKEL.

MARILYN ABOUSSIE, Chief Justice.

Appellant Texas Department of Public Safety ("DPS") appeals the denial of its motion for summary judgment. The issue on appeal is whether DPS conclusively established the elements of its affirmative defense of official immunity, thereby entitling it to summary judgment. We will affirm the judgment of the district court.

BACKGROUND

On February 5, 1999, Highway Patrol Corporal Dana Moore was on patrol near the town...

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