City police officers were immune from liability for the suicide of jailee who carried out his threat to kill himself. The police were performing a discretionary duty in their mistaken assessment that Leonard Morea did not present a risk of suicide.

Officer Stanich of the Galveston Police Department arrested Mr. Morea for public intoxication and failure to identify himself. While in the patrol car, Mr. Morea kicked the inside of the vehicle. At the booking area of the police station, Mr. Morea disrobed to show that he had no tattoos or scars. Officer Stanich said he did not view this behavior as unusual.

Mr. Morea was locked in a cell and began to yell for a cigarette, threatening to kill himself if he did not get one. His demands were ignored and the distraught man carried out his threat by hanging himself with his jeans.

His mother filed suit under the Texas Tort Claims Act, alleging negligent implementation of a discretionary act. She also contended that the city had a "custom of deliberate indifference" toward the medical needs of suicidal detainees and inadequately trained its police officers. The city moved for summary judgment, arguing that sovereign immunity protected it from the plaintiff's claim. A trial judge denied the motion, and the city appealed.

The Appeals Court reversed the lower court and entered summary judgment on behalf of the city. The Court held that the police officers acted in good faith and relied upon a detailed profile for recognizing a suicidal inmate, using their discretion to determine that Mr. Morea was not at risk of suicide.