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Perry v. Greanias

Whether a city is engaged in a proprietary versus a governmental function is only a relevant inquiry in determining whether a city is afforded sovereign immunity; it is not an element that must be proven to establish official immunity.

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OPINION

Appellant, Peary Perry, sued appellee, George Greanias, former City of Houston Controller, alleging libel, slander, intentional infliction of emotional distress, and violations of his constitutional due process and free speech rights. *fn2 Perry challenges the trial court’s granting of Greanias’s motion for summary judgment based on various affirmative defenses of immunity and privilege. We address whether Greanias established the affirmative defenses of official immunity and qualified immunity, as a matter of law, entitling him to summary judgment. We affirm in part and reverse in part.

FACTUAL BACKGROUND

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