OPINION
JANE BLAND, Justice.
Appellee Charles Terrell Morgan sues appellant Jacob M. Schauer, in his individual capacity, and in his capacity as a police officer with the City of Alvin. The lawsuit alleges (1) assault, (2) negligence, and (3) trespass to the person. Morgan's claims arise out of Schauer's arrest of Morgan. Upon the City's intervention in the case, the trial court granted a summary judgment in its favor, which this court affirmed.
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