Per the Texas Civil Digest (below).  Q:  if jailers prosecuted for simple assault, would they defend on the basis that "they did not intend to cause harm, but only negligently caused harm?"  Is it not true that negligence can be a lesser included cause of action to assault (just missing intent element)?

Cameron County v Ortega

13th Court of Appeals - Corpus Christi
July 02, 2009 - 13-09-00075-CV
Click here for full-text court opinion

Opinion By: Justice Rodriguez

Immunity Barred Arrestee's Personal Injury Claim.
P sued D-County for injuries that occurred during his arrest; after the deputy fastened the handcuffs & P complained of their tightness, the deputy then further tightened them. When jailers observed swelling & discoloration of P's right wrist, they relieved the pressure & transported P to a medical center; he was treated for torn tissue in the area of his right hand, arm, or wrist. Held: Denial of D's plea to the jurisdiction was reversed & judgment was rendered dismissing the claims against D. P's negligence claim arises from the same set of facts pleaded for his claims of bodily injury & offensive contact, which are the elements of assault, an intentional tort for which there is no waiver of immunity under the Texas Tort Claims Act.