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Texas Department of Public Safety v. Perez8/3/1995
Reversed and Rendered and Opinion filed.
August 3, 1995.
O P I N I O N
This is an interlocutory appeal originating from the denial of a motion for summary judgement filed by appellants, Texas Department of Public Safety and Troopers Quincy Campbell and Johnnie Davis. The chief issues before this court are whether appellants are entitled to official and sovereign immunity. We conclude they are. We reverse and render judgment that appellees Angel and Melba Perez take nothing.
Background Facts
We will review the facts in the light most favorable to Angel and Melba Perez, the non-movants. On or about November 18, 1990, at approximately 11:45 p.m., Angel Perez was driving on Veterans Memorial Road in Harris County, Texas. He had picked up his wife, Melba, from work, and the couple was returning home. Angel and Melba were stopped by Troopers Quincy Campbell and Johnnie Davis because his vehicle registration tags had expired. The troopers were employed by the Texas Department of Public Safety ("DPS"). One of the troopers asked Mr. Perez to step to the rear of the car and produce his driver's license. Mr. Perez attempted to locate his license in his wallet but was unable to do so. Mr. Perez stated the license might be in his glove box and tried to return to the car to look for the license. There was, however, some miscommunication between the troopers and Mr. Perez. The troopers refused to let him go back to the car. Mrs. Perez left the car and began speaking loudly to the officers and telling them Mr. Perez suffered from heart and back problems. She admits she raised her voice and shook her finger at them. At some point, Mr. Perez was forcibly detained and handcuffed. Mrs. Perez searched the glove box where she found the license. The troopers then determined there were no outstanding warrants on Mr. Perez. One of the troopers unlocked the handcuffs. Mr. Perez alleges the trooper grabbed the handcuffs, and pulled them up in a very forceful manner to unlock them. Mr. Perez contends this caused the handcuffs to tighten and resulted in severe pain to his wrists, back and neck. Mr. Perez was given a citation for expired vehicle registration. The entire stop took about ten minutes. Mr. Perez was admitted later that night to Houston Northwest Medical Hospital.
Interlocutory Appeals
Generally, the denial of a motion for summary judgement is interlocutory and cannot be appealed. Schlipf v. Exxon Corp., 644 S.W.2d 453, 454 (Tex. 1982). However, appellants brought this appeal pursuant to section 51.014(5) of the Texas Civil Practice and Remedies Code. That section allows officers or employees of the state or its political subdivision to appeal the denial of a motion for summary judgment based on an assertion of immunity. TEX. CIV. PRAC. & REM. CODE ANN. Section(s) 51.014(5) (Vernon Supp. 1995). Because of the limited appellate jurisdiction of this appeal, we will address only appellants' immunity defenses.
Standard of Review
In their first and second points of error, appellants assert the trial court erred by denying their motion for summary judgement based on official and sovereign immunity. Specifically, they argue they conclusively proved all the essential elements of their immunity defenses, and there were no genuine issues of material fact.
The movant for summary judgement has the burden of showing there is no genuine issue of material fact and he is entitled to judgement as a matter of law. To decide whether there is a disputed material fact issue which precludes summary judgment, evidence favorable to the non-movant will be taken as true. Every reasonable inference must be indulged in f
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