Court of Appeals of Texas

“ In their third point of error, appellants complain of the trial court's failure to grant their motion for summary judgment as to Vines, the former chief of police, based on his assertion of qualified immunity. We note initially that it is unclear from the pleadings whether England sued Vines in his individual capacity. If not, a suit against a governmental officer in his official capacity is a suit against the governmental entity. ”

“ As we noted there, the State's failure to prosecute individuals under section 21.06 creates a dilemma: individuals alleging that they are harmed by the statute are unable to attack its constitutionality because of the State's refusal to enforce it. In this cause, England, who was prevented from completing the job application process with the Dallas Police Department, has actually suffered the concrete injury that the plaintiffs in Morales alleged they would suffer. England, like the plaintiffs in Morales, has no adequate remedy at law. ”

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