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McFadden v. Oleskey

Appellant, after being found not guilty on a criminal charge of assault on a police officer, sued four police officers who procured her arrest (appellees). The district court granted appellees' plea to the jurisdiction and motion for summary judgment, and entered a take-nothing judgment against appellant. Austin's 3rd Court of Appeals affirmed the judgment of the district court with respect to appellant's assault and false imprisonment claims, based on limitations. However, the 3rd court concluded that her malicious prosecution claim could not have been brought under the Texas Tort Claims Act against the governmental unit that employs appellees and, therefore, Texas Civil Practice & Remedies Code �101.106(f) does not require that the suit be dismissed. Austin Court of Appeals, No. 03-09-00187-CV, 08-20-2010

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OPINION

Appellant Latisha McFadden, after being found not guilty on a criminal charge of assault on a police officer, filed suit against appellees Rogelio Sanchez, Greg Oleskey, Tamara Joseph, and Michael Pollard–the four police officers who procured her arrest. The district court granted appellees’ plea to the jurisdiction and motion for summary judgment, and entered a take nothing judgment against McFadden. We affirm the judgment of the district court with respect to McFadden’s assault and false imprisonment claims, based on limitations. However, we conclude that McFadden’s malicious prosecution claim could not have been brought under the Texas Tort Claims Act against the governmental unit that employs appellees and, therefore, Texas Civil Practice and Remedies Code section 101.106(f) does not require the lawsuit to be dismissed. We reverse the judgment of the district court with respect to McFadden’s claims of malicious prosecution and conspiracy to commit malicious prosecution, and remand for further proceedings consistent with this opinion.

Factual and Procedural Background

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