City of Watauga v. Russell Gordon
389 S.W.3d 604
Tex. App.2012Background
- Gordon sued City of Watauga for personal injuries alleging negligent use of handcuffs during arrest and transport.
- City of Watauga moved for a plea to the jurisdiction asserting sovereign immunity under TTCA and its intentional-tort exception, §101.057.
- Trial court denied the plea; City appealed on interlocutory basis.
- City submitted affidavits claiming the handcuffing was intentional and in line with training, arguing §101.057 excludes such claims.
- Gordon pleaded negligent use of tangible personal property, not an intentional tort, and alleged consent/no resistance to handcuffing.
- Court held that the pleadings and jurisdictional evidence implicated the merits to a limited extent and denied the plea; judgment affirmed with costs taxed to City.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court correctly denied the plea to the jurisdiction | Gordon's pleadings show negligent use of handcuffs, not an intentional tort | City argues the handcuffing was intentional and within §101.057’s exception to the TTCA waiver | Yes; denial affirmed; jurisdictional evidence did not establish an intentional-tort claim precluded by §101.057. |
Key Cases Cited
- Petta v. Dept. of Pub. Safety, 44 S.W.3d 575 (Tex. 2001) (intentional-tort exclusion to TTCA waiver)
- Miranda v. Texas Parks & Wildlife, 133 S.W.3d 217 (Tex. 2004) (pleading and jurisdictional review with merits consideration)
- City of Waco v. Williams, 209 S.W.3d 216 (Tex. App.—Waco 2006) (implications of intentional tort pleading against immunity)
- Harris County v. Cabazos, 177 S.W.3d 105 (Tex. App.—Houston 1st Dist. 2005) (intentional tort factors in immunity analysis)
- City of Garland v. Rivera, 146 S.W.3d 334 (Tex. App.—Dallas 2004) (pleading of intentional torts during immunity inquiry)
- City of Laredo v. Nuno, 94 S.W.3d 786 (Tex. App.—San Antonio 2002) (intentional torts versus negligent-use claims in immunity context)
- Reed Tool Co. v. Copelin, 689 S.W.2d 404 (Tex. 1985) (seriatim of jurisdictional facts and merits in TTCA)
- Fisher v. Carrousel Motor Hotel, Inc., 424 S.W.2d 627 (Tex. 1967) (elements of battery and assault relevant to intentional tort analysis)
- Tex. Penal Code § 22.01, (Tex. 2011) () (statutory elements of assault and related offenses)