Alexander v. Walker

Plaintiff brought suit in state court against two county sheriff’s department deputies stemming from the officers’ conduct incident to Plaintiff’s arrests. Plaintiff then brought suit in federal court against the county and county sheriff alleging the same tort claims she had made against the officers, based on vicarious liability principles, and alleging violations of her civil rights. In the state court action, the trial court denied the officers’ motion for summary judgment under the Texas Tort Claims Act’s (TTCA) election-of-remedies provision. The Supreme Court reversed and rendered judgment in favor of the officers, holding (1) Plaintiff’s suit on the officers was based on the conduct within the general scope of the officers’ employment and could have been brought under the TTCA against the government, and therefore, Plaintiff’s suit was against the officers in their official capacity only; and (2) because the officers were sued in their official capacities, they were entitled to dismissal under the TTCA’s election-of-remedies provision. View "Alexander v. Walker" on Justia Law