SAENZ v. GONZALEZ

No. 04-01-00804-CV.

94 S.W.3d 659 (2002)

Jose Armando SAENZ, et al., Appellants, v. Brooks County Deputy Sheriff Beto GONZALEZ, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled November 18, 2002.


Attorney(s) appearing for the Case

D.G. Gagnon, J.B. Peacock, Jr., Gagnon & Peacock, Dallas, for appellants.

Phillip A. McKinney, McKinney & Rodriquez-Barrera P.C., Corpus Christi, for appellee.

Sitting: PHIL HARDBERGER, Chief Justice, ALMA L. LÓPEZ, Justice, SANDEE BRYAN MARION, Justice.


Opinion by: PHIL HARDBERGER, Chief Justice.

This official immunity case raises the issue of whether an officer was acting in good faith when his fellow officer testified that he refused to stop and investigate a known drunk driver because the driver would smell up his new squad car if he arrested him. Shortly thereafter, the drunk driver was involved in a car wreck that killed two people and seriously injured three more.

The sole issue presented in this appeal...

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