Telthorster v. Tennell

92 S.W.3d 457, 45 Tex. Sup. Ct. J. 948, 2002 Tex. LEXIS 97, 2001 WL 1898483
CourtTexas Supreme Court
DecidedJune 27, 2002
Docket01-0074
StatusPublished
Cited by238 cases

This text of 92 S.W.3d 457 (Telthorster v. Tennell) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Telthorster v. Tennell, 92 S.W.3d 457, 45 Tex. Sup. Ct. J. 948, 2002 Tex. LEXIS 97, 2001 WL 1898483 (Tex. 2002).

Opinions

Justice O’NEILL

delivered the opinion of the Court, in which

Chief Justice PHILLIPS, Justice OWEN, Justice HANKINSON, Justice JEFFERSON, and Justice RODRIGUEZ joined.

In this official-immunity case, we must determine the good-faith standard to apply when a suspect sues a police officer for injuries sustained during an arrest. In City of Lancaster v. Chambers, 883 S.W.2d 650, 656 (Tex.1994), we held that an officer pursuing a suspect acts in good faith if a reasonably prudent officer could have believed that the pursuit should have been continued, taking into account both the need for immediate police intervention and the risk of harm to the public. In Wadewitz v. Montgomery, 951 S.W.2d 464, 466-67 (Tex.1997), we extended that test to an officer’s high-speed emergency response and elaborated on Chambers’ need and risk elements by announcing specific factors that officers must consider to show that they acted in good faith.

Here, we must decide whether the Wa-dewitz particularized need/risk assessment is required when a suspect sues for injuries sustained during an arrest. We conclude that it is not, because the public-safety concerns underlying that assessment are not implicated. When a suspect sues for injuries sustained during an ar[460]*460rest, official immunity’s good-faith element requires the defendant to show that a reasonably prudent officer, under the same or similar circumstances, could have believed that the disputed conduct was justified based on the information the officer possessed when the conduct occurred. To controvert, the nonmovant must show that no reasonable officer under similar circumstances could have believed that the facts were such that they justified the disputed conduct. Applying this standard, we hold that the officer-defendant in this case is entitled to official immunity because he conclusively proved, and the plaintiff failed to controvert, that he acted in good faith. Accordingly, we reverse the court of appeals’ judgment and render judgment that the plaintiff take nothing.

I Background

Officers Rob Bailey and Mark Telthor-ster of the Navasota Police Department were on routine patrol when they observed Ollie Tennell commit traffic violations, including failure to properly signal a turn. The officers activated their sirens in an effort to pull Tennell over, but he accelerated and refused to stop. A high-speed pursuit ensued until Tennell finally stopped at his home in the City of Bryan. Tennell pulled up to his house and beeped his horn, apparently to attract the attention of those inside. Both officers drew their guns. Officer Bailey ordered Tennell to step out of his truck, and Tennell complied. While Officer Telthorster kept his gun drawn, Officer Bailey holstered his weapon, grabbed Tennell’s upper right arm, and placed Tennell face-down on the ground. Officer Telthorster approached from behind to help Bailey handcuff Ten-nell, who appeared to Telthorster to be struggling with Officer Bailey. With his gun still drawn, Telthorster cuffed Ten-nell’s left hand. Officer Telthorster was attempting to bring Tennell’s hands together when his gun accidentally discharged and a bullet ricocheted off Officer Bailey’s hand and grazed Tennell’s back. Although Tennell turned out to be unarmed, Officer Telthorster testified that during the seconds before his gun discharged he was unable to determine with certainty whether Tennell was concealing a weapon.

Tennell sued Officer Telthorster and the City of Navasota for his back injury, alleging that Telthorster was negligent in handling his gun and that the city was vicariously liable for his negligence. Tennell also alleged that Telthorster acted with malice because he knew his actions involved an extreme degree of risk, but he nevertheless proceeded in conscious indifference to the rights of others. The city was subsequently nonsuited and is not a party here. Officer Telthorster moved for summary judgment, asserting official immunity. The trial court granted Telthor-ster’s motion, and Tennell appealed.

The only issue before the court of appeals was whether Officer Telthorster conclusively established that he acted in good faith during the attempted arrest. The court of appeals applied the particularized need/risk standard that we announced in Chambers and elaborated on in Wadewitz. The court held that Telthorster’s summary judgment proof failed to conclusively establish his good faith and therefore he was not entitled to summary judgment on his official-immunity defense. 84 S.W.3d 1. We granted review to consider the good-faith standard that applies when a suspect sues for injuries sustained during an arrest.

II Good Faith

Official immunity is an affirmative defense that shields governmental employees from personal liability so that they [461]*461are encouraged to vigorously perform their official duties. Kassen v. Hatley, 887 S.W.2d 4, 8 (Tex.1994). A governmental employee is entitled to official immunity for (1) the performance of discretionary duties (2) that are within the scope of the employee’s authority, (8) provided that the employee acts in good faith. Chambers, 888 S.W.2d at 653; see also DeWitt v. Harris County, 904 S.W.2d 650, 651-52 (Tex.1995); Kassen, 887 S.W.2d at 8-9; K.D.F. v. Rex, 878 S.W.2d 589, 597 (Tex.1994). To obtain summary judgment on the basis of official immunity, a governmental employee must conclusively establish each of these elements. See University of Houston v. Clark, 38 S.W.3d 578, 580 (Tex.2000). In deciding whether an employee’s summary judgment proof conclusively establishes the official-immunity defense, we must determine whether there are disputed facts material to its elements. In this ease, the parties do not dispute that at the time of the incident Officer Telthor-ster was performing a discretionary duty within the scope of his employment. But they do dispute whether he was acting in good faith.

In Chambers, we considered in some detail official immunity’s good-faith element. See Chambers, 883 S.W.2d at 656-57. Chambers involved a high-speed police pursuit that resulted in the death of a passenger who was riding with the fleeing suspect. Id. at 652. We sought to articulate a good-faith standard that would strike the proper balance between two competing interests: the threat of severely hampering police officers’ discretion by imposing civil liability for their mistakes, and the rights of bystanders and other innocent parties that may be trampled by an officer’s gross disregard for public safety. Id. at 656 (citing Scheuer v. Rhodes, 416 U.S. 232, 240, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974)). We held that an officer

acts in good faith in a pursuit case if: a reasonably prudent officer, under the same or similar circumstances, could have believed that the need to immediately apprehend the suspect outweighed a clear risk of harm to the public in continuing the pursuit.

Id. (emphasis added).

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Bluebook (online)
92 S.W.3d 457, 45 Tex. Sup. Ct. J. 948, 2002 Tex. LEXIS 97, 2001 WL 1898483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/telthorster-v-tennell-tex-2002.