Hidalgo County, Texas v. Michael Calvillo and Rosa Rivera, Individually, and as Next Friend of Luis Espinoza and Aaron Calvillo
13-15-00261-CV
Tex. App.Oct 22, 2015Background
- This is Hidalgo County’s appellate reply brief seeking reversal of the trial court’s denial of its First Amended Plea to the Jurisdiction and dismissal of plaintiffs’ claims with prejudice.
- Underlying incident: a Hidalgo County officer (Olivarez) was responding to an active, armed barricade/shooting incident in a La Joya neighborhood involving a suspect alleged to have shot at officers; lights and siren were reportedly activated.
- Hidalgo County asserts the officer was responding to an emergency call, invoking the emergency exception to governmental immunity and derivative official immunity for the County.
- Plaintiffs opposed, arguing Hidalgo County did not present sufficient evidence to satisfy the emergency-exception and the ‘‘good faith’’ element of official immunity.
- Hidalgo County contends plaintiffs offered no evidence disputing (1) that the officer was responding to an emergency, (2) that emergency lights/siren were used, or (3) that the officer acted in good faith and as a reasonably prudent officer would.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether emergency exception to governmental immunity applies | Plaintiffs: County must present more or substantial evidence; Sparks is distinguishable because it involved significant evidence | Hidalgo County: Record shows officer responded to an emergency with lights/siren; under Sparks burden shifts to plaintiffs to raise fact issue on recklessness | Trial court denied plea; Hidalgo County appeals and asks this Court to reverse (no appellate ruling in brief) |
| Whether official (derivative) immunity applies based on officer’s good faith | Plaintiffs: County must produce more evidence to show officer acted as a reasonably prudent officer at the time | Hidalgo County: Evidence (active shooting, barricaded suspect, lights/siren) establishes prima facie good-faith conduct; plaintiffs offered no contradictory evidence | Trial court denied plea; Hidalgo County contends immunity applies and seeks reversal (no appellate ruling in brief) |
Key Cases Cited
- Tex. Dep't of Pub. Safety v. Sparks, 347 S.W.3d 834 (Tex. App. 2011) (burden-shifting when defendant presents evidence of emergency response)
- Tex. Nat. Res. Conservation Comm'n v. IT-Davy, 74 S.W.3d 849 (Tex. 2002) (policy favoring adjudicative restraints where immunity is implicated)
- City of Pasadena v. Belle, 297 S.W.3d 525 (Tex. App. 2009) (analysis of good-faith/necessity where officer did not use lights or siren during response)