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Williams v. City of Dallas

Collateral estoppel applies when an issue decided in the first action is actually litigated, essential to the prior judgment and identical to an issue in a pending action.

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REVERSED and REMANDED in Part, AFFIRMED in Part

OPINION

Erik Williams and Michael Irvin appeal the trial court’s summary judgment in favor of the City of Dallas, Bennie R. Click, James Chandler, Ross Salverino, Kim Sanders (collectively “appellees”), and David Goelden, individually and in their official capacities as police officers of the City. In three issues, appellants contend the trial judge erred in granting summary judgment in favor of appellees because (i) appellants’ claims are not barred by collateral estoppel, (ii) the City is liable under the Texas Tort Claims Act, *fn1 and (iii) the individual appellees are not protected by official immunity. In two other issues, appellants contend the trial judge erred in granting summary judgment in favor of Goelden because they exercised reasonable diligence in serving Goelden and Goelden had notice of the state claims, avoided service, and suffered no prejudice by any delay in service of the petition. We reverse the trial court’s summary judgment in favor of Goelden. In all other respects, we affirm the trial court’s summary judgment.

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