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Fortner v. Johnson

Trial courts order denying public officials motion for summary judgment on employees fraud and negligent retention claims vacated; government employees are entitled to official immunity from suit arising from the performance of their discretionary duties in good faith as long as they are acting within the scope of their authority.

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REVERSED and RENDERED

OPINION

Hunt County MHMR Center Board of Directors Ralph Fortner, Dr. D. Arlington Talbot, June Jordan, William Smith, Jennifer Reeves, Dr. Robert F. Deuell, Beverly Griffin, Billie Erwin, Tom Brown in their official and individual capacities and Rick Davis in his official and individual capacity appeal from the denial of their motion for summary judgment in which they asserted official immunity. In two issues, appellants contend the trial court erred by denying their motion for summary judgment because appellants have (1) official immunity and (2) immunity based on section 101.106 of the Texas Tort Claims Act. For the reasons set forth below, we reverse the judgment of the trial court and render judgment in favor of appellants.

 
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