City of Watauga v. Gordon
Texas Supreme Court
434 S.W.3d 586 (2014)
- Written by Liz Nakamura, JD
Facts
Russell Gordon (plaintiff) was arrested and handcuffed by City of Watauga (the city) (defendant) police officers. Gordon complained to the officers that the handcuffs were too tight, but his complaints were ignored. Gordon later sued the city alleging that the officer’s negligent use of property—namely, the handcuffs—had caused injuries to Gordon’s wrists. The city challenged, arguing that (1) Gordon’s claim was properly classified as a battery claim, not a negligence claim, and (2) the city was entitled to governmental immunity against battery claims under the Texas Tort Claims Act (TCA). Gordon countered, arguing that his claim was properly classified as a negligence claim, rather than a battery claim, because the officers did not intend to cause harm when they overtightened the handcuffs. The trial court denied the city’s governmental-immunity claim. On appeal, the appellate court affirmed, holding that Gordon’s claim was properly classified as a negligence claim and, therefore, the TCA did not afford the city governmental immunity. The city appealed to the Texas Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Devine, J.)
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