· 6/6/2014
the City of Watauga v. Russell Gordon
Citations
- 434 S.W.3d 586
- 57 Tex. Sup. Ct. J. 683
- 2014 WL 2535995
- 2014 Tex. LEXIS 456
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that because the gravamen of the complaint was a police officer’s use of excessive force, the plaintiffs claim arose from battery rather than negligence
- holding that a claim for excessive force is an intentional tort that is not actionable under the Texas Tort Claims Act
- stating that TTCA “does not waive immunity when the claim arises out of an intentional tort”
- explaining that excessive force claims “in the context of a lawful arrest arise out of battery,” not negligence
- explaining that Tort Claims Act’s “limited waiver does not apply to intentional torts”
- stating that limited waiver in section 101.021(2) “does not apply to intentional torts”
Source: CourtListener parenthetical corpus (CC0).
Judges: Devine
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.