Texas Department of Public Safety v. Petta

A jury found Melinda Petta guilty of fleeing or attempting to elude a police officer. 1 In that criminal case, the jury necessarily concluded that the State proved beyond a reasonable doubt that in fleeing, Petta did not “have a reasonable belief that such act was immediately necessary to avoid imminent harm [caused by the police officer either to her or her children] ....” 2 Despite her conviction, Petta, in this case, sued the police officer, Trooper Adrian Rivera, individually for assault, aggravated assault, battery, reckless conduct, and “terroristic threat.” She sought to recover for…