Sanchez v. Garza
| Decision Date | 26 April 1979 |
| Docket Number | No. 1401,1401 |
| Citation | 581 S.W.2d 258 |
| Parties | Jose Guadalupe V. SANCHEZ, Appellant, v. Ray GARZA et al., Appellees. |
| Court | Texas Court of Appeals |
The plaintiff filed suit against the sheriff and two Cameron County deputies alleging unlawful arrest and imprisonment. The defendants filed their motion for summary judgment which was granted by the trial court. Plaintiff appeals.
The record shows that plaintiff Jose Guadalupe V. Sanchez was arrested for a criminal offense of driving under the influence of intoxicating liquor. On March 24, 1976, he entered a plea of guilty and was sentenced to ten days in jail, assessed a fine of $100 and costs. The jail sentence was probated for six months. As a condition of such probation, the plaintiff was ordered to pay the $100 fine not later than June 15, 1976. The evidence shows that the plaintiff paid the costs ($40) on March 24, 1976; paid $50 on the fine on May 19, 1976; and paid an additional $50 on June 3, 1976.
The summary judgment evidence indicates that on August 16, 1976, the criminal district attorney of Cameron County filed a motion to revoke Sanchez' probated sentence. As grounds for such revocation, the motion stated that Sanchez had failed to pay the fine as ordered by the court. Thereafter on the same day, the Honorable Robert Hernandez, Judge of the County Court at Law of Cameron County, entered an order setting a hearing on the State's motion to revoke the probated sentence. The County Court at Law Judge ordered the county clerk of his court to issue a capias commanding the sheriff to arrest Sanchez.
Pursuant to Judge Hernandez' order, the clerk of the County Court at Law issued the capias directing the sheriff of Cameron County to arrest Sanchez instanter. The sheriff by and through his deputy sheriffs, Ray Garza and Randy Ramirez (all defendants in this lawsuit), did, on the 29th day of August, execute the capias by arresting Sanchez and transporting him to the county jail in Brownsville. Judge Hernandez' order setting the hearing and ordering the arrest of Sanchez set an appearance bond in the amount of $1,000.
Plaintiff's suit alleges that when defendants, deputy sheriffs Garza and Ramirez, appeared at his home to arrest him, he protested the arrest and produced the receipts showing that he had previously paid his fine. The deputy sheriffs arrested Sanchez anyway and took him to the county jail where he later posted the $1,000 bond.
Sanchez appeals contending, in effect, that the trial court erred in granting the motion for summary judgment because the defendants (sheriff and deputy sheriffs) were liable to this plaintiff, and there were fact issues necessitating a trial on the merits.
Rule 166-A, T.R.C.P., permits the granting of a summary judgment for a defending party against whom a claim is asserted if the pleadings, answers and affidavits on file show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. A defendant who seeks a summary judgment on the theory that the plaintiff's suit is without merit has the burden of establishing as a matter of law that there is no genuine issue of fact as to at least one essential element of plaintiff's cause of action. Gibbs v. General Motors Corporation, 450 S.W.2d 827 (Tex.Sup.1970); "Moore" Burger, Inc. v. Phillips Petroleum Company, 492 S.W.2d 934 (Tex.Sup.1972). The plaintiff (non-moving party) did not file any affidavits and his answer to the motion was not sworn to. In such a situation, the non-mova...
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Samtani v. City of Laredo
...detention of a person; 2) against the consent of the person detained; and 3) the detention is without the authority of law.); Sanchez v. Garza, 581 S.W.2d 258, 259 (Tex.App. Corpus Christi 1979, no writ) ; Pete v. Metcalfe , 8 F.3d 214, 218 219 (5th Cir.1993).IV. Deprivation of Civil Rights......
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...was executed by virtue of a process legally sufficient in form and duly issued by a court having jurisdiction to issue it." Sanchez v. Garza, 581 S.W.2d 258, 259 (Tex.Civ.App.--Corpus Christi 1979, no writ). See also Pete v. Metcalfe, 8 F.3d 214, 218-19 (5th Cir.1993).Nor does Campbell chal......
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...to a common law false arrest action if the officers executed lawful process issued by a court of competent jurisdiction. Sanchez v. Garza, 581 S.W.2d 258, 259-60 (Tex.Civ. App. — Corpus Christi 1979, no writ). The facially valid warrant issued to Officer Harrell provides a complete defense ......
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...See Conkey v. State, 74 A.D.2d 998, 427 N.Y.S.2d 330 (1980); Dugger v. Off 2nd, Inc., 612 S.W.2d 756 (Ky.Ct.App.1980); Sanchez v. Garza, 581 S.W.2d 258 (Tex.Civ.App.1979); Robinson v. San Francisco, 41 Cal.App.3d 334, 116 Cal.Rptr. 125 (1974). Pallett v. Thompkins, 10 Wash.2d 697, 118 P.2d ......
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...[13th Dist.] 2001, no pet. h.) (citing Randall’s Food Markets, Inc. v. Johnson , 891 S.W.2d 640, 644 (Tex. 1995)); Sanchez v. Garza , 581 S.W.2d 258, 260 (Tex. Civ. App.—Corpus Christi 1979, no writ). False imprisonment cases are highly fact dependent. In resolving these claims, courts cons......
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Table of cases
...23, 2013, pet. filed), §18:8.F.3 Sanchez v. City of Santa Ana , 928 F. Supp. 1494 (C.D. Cal. 1995), §§18:7.H.2, 24:3.B Sanchez v. Garza , 581 S.W.2d 258 (Tex. Civ. App.—Corpus Christi 1979, no writ), §30:8.A Sanchez v. Pacific Powder Co. , 147 F.3d 1097 (9th Cir. 1998), §18:7.C.2 Sanchez v.......
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Other workplace torts
...[13th Dist.] 2001, no pet. h.) (citing Randall’s Food Markets, Inc. v. Johnson , 891 S.W.2d 640, 644 (Tex. 1995)); Sanchez v. Garza , 581 S.W.2d 258, 260 (Tex. Civ. App.—Corpus Christi 1979, no writ). False imprisonment cases are highly fact dependent. In resolving these claims, courts cons......
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Table of cases
...(Tex. 2015) §18:8.F.3, 24:6.N.2 Sanchez v. City of Santa Ana , 928 F. Supp. 1494 (C.D. Cal. 1995), §§18:7.H.2, 24:3.B Sanchez v. Garza , 581 S.W.2d 258 (Tex. Civ. App.—Corpus Christi 1979, no writ), §30:8.A Sanchez v. Pacific Powder Co. , 147 F.3d 1097 (9th Cir. 1998), §18:7.C.2 Sanchez v. ......