City of Houston v. Jimmie Lee Jones Junior ( 2022 )

Affirmed and Memorandum Majority Opinion and Memorandum Concurring Opinions filed October 27, 2022. In The Fourteenth Court of Appeals NO. 14-21-00128-CV CITY OF HOUSTON, Appellant V. JIMMIE LEE JONES JUNIOR, Appellee On Appeal from the County Civil Court at Law No. 4 Harris County, Texas Trial Court Cause No. 1158605 MEMORANDUM CONCURRING OPINION I agree with the court’s judgment affirming the denial of the city’s motion for summary judgment. I do not join the majority opinion, however, because I do not agree with the court’s discussion and analysis of the good faith issue. Instead, I would hold that a genuine and material fact question exists as to whether Sergeant Kim was engaged in a discretionary duty. It is unnecessary to address the good faith element of official immunity in this case. For these reasons, I concur in the judgment only. /s/ Kevin Jewell Justice Panel consists of Justices Jewell, Spain, and Hassan. (Hassan, J., majority) 2