Mansfield V. C.F. Bent Tree Apartment Ltd. Partnership

Appellant Robert Andrew Mansfield sued appellee C.F. Bent Tree Apartment Limited Partnership (Bent Tree) for injuries he received from Bent Tree's security guard, an off-duty police officer. Mansfield sustained the injuries while being detained for trespass and indecent exposure. The trial court disposed of all claims against Bent Tree in two orders granting Bent Tree summary judgment. We hold that Bent Tree is not vicariously liable for Mansfield's injuries because the security guard was acting in his official capacity as a police officer by arresting Mansfield, and that Mansfield's pleadings allege a premises-liability claim that is supported by no evidence. Consequently, we affirm the trial court.