Supreme Court
City of Houston v. Sauls
- Case number: 22-1074
- Legal category: Governmental Immunity
- Subtype: Texas Tort Claims Act
- Set for oral argument: January 31, 2024
Case Summary
The issue in this case is whether the Tort Claims Act waives the City of Houston’s immunity in a negligence suit for damages caused by a Houston Police Department officer.
The officer—while responding to a 911 call for a potential suicide—was driving without his lights and siren activated in line with the Department’s policy for suicide responses. After the officer accelerated to 62 mph in a 40-mph zone, a bicyclist entered the street at an upcoming intersection. The officer did not see the bicyclist in time to avoid a collision, which resulted in the bicyclist’s death.
In the negligence lawsuit that followed, the City filed a motion for summary judgment that sought dismissal on grounds of governmental immunity. The trial court denied the motion, and the court of appeals affirmed.
The City petitioned for review, arguing that it has not waived governmental immunity because (i) the doctrine of official immunity prevents the officer from being personally liable to the plaintiffs under Section 101.021(1), and (ii) the emergency exception in Section 101.055(2) applies. The Supreme Court granted the City’s petition for review.
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