Legal Opinion

the City of Watauga v. Russell Gordon

Texas Supreme Court

Decided June 6, 2014No. 13-0012PublishedCited by 142 opinions

1Opinion of the CourtJustice Devine

The Texas Tort Claims Act waives governmental immunity for, among other things, personal injuries allegedly caused by the negligent use of property. Tex. Civ. Prac. & Rem.Code § 101.021. The Act does not waive immunity when the claim arises out of an intentional tort, however. Id. § 101.057(2). The question in this interlocutory appeal is whether an arrestee’s lawsuit against a city for injuries, acciden tally caused by a police officer’s use of handcuffs, states a battery or negligence claim. The court of appeals concluded that the underlying claim was for negligence and therefore affirmed…

2Cases cited27 opinions

  1. Lehmann v. Har-Con Corp.Texas Supreme Court · 2001
  2. Mission Consolidated Independent School District v. GarciaTexas Supreme Court · 2008
  3. Dallas Cty. Mental Health and Mental Retardation v. BossleyTexas Supreme Court · 1998
  4. University of Texas Medical Branch v. YorkTexas Supreme Court · 1994
  5. Waffle House, Inc. v. WilliamsTexas Supreme Court · 2010

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3Cited by142 opinions

  1. Maria Pena v. City of Rio Grande City, TexaCourt of Appeals for the Fifth Circuit · 2018
  2. Suarez v. City of Texas CityTexas Supreme Court · 2015
  3. John Quinn v. Jesus GuerreroCourt of Appeals for the Fifth Circuit · 2017
  4. Aguirre v. City of San AntonioCourt of Appeals for the Fifth Circuit · 2021
  5. the University of Texas M.D. Anderson Cancer Center v. Lance McKenzie, Individually and as Representative of the Estate of Courtney McKenzie-thue (Deceased), and Deborah Diver, Individually and as Next Friend of J.O., a MinorTexas Supreme Court · 2019

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