With no explanation, chose the best option from "A", "B", "C" or "D". the City in this case are not legally cognizable unless they are clearly waived by the TTCA See York, 871 S.W.2d at 177; Duhart v. State, 610 S.W.2d 740, 742 (Tex.1980). Plaintiff alleges assault and battery and intentional infliction of emotional distress—both intentional torts under Texas law. The TTCA provides that a municipality cannot be liable for any claims “arising out of assault, battery, false imprisonment, or any intentional tort_” Tex. Civ. Prac. & Rem. Code Ann. § 101.057(2). A review of the summary judgment evidence submitted by Plaintiff reveals that his intentional tort allegations are not waived by the TTCA. Therefore, these claims are absolutely barred by sovereign immunity. See City of San Antonio v. Dunn, 796 S.W.2d 258, 261 (Tex.App.—San Antonio 1990, writ denied)(<HOLDING>); Townsend v. Memorial Medical Center, 529

A: recognizing that the fourth amendment protects against the use of excessive force by police officers in carrying out an arrest
B: holding no liability existed under the circumstances
C: holding that no waiver of municipal liability existed under the ttca where plaintiffs claims arose out of allegations of intentional torts including false arrest and excessive force
D: holding that excessive force claims are to be treated under the fourth amendment
C.