(Download) "City of Sugarland v. Ballard" by In the Court of Appeals for the First District of Texas # Book PDF Kindle ePub Free

eBook details

Title: City of Sugarland v. Ballard
Author : In the Court of Appeals for the First District of Texas
Release Date : January 27, 2005
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 64 KB

Description

Appellant, the City of Sugarland ("the City"), appeals from an order denying its plea to the jurisdiction on grounds of governmental immunity from suit in a wrongful-death suit brought by appellee, James L. Ballard ("Ballard"), individually and as representative of the estate of Mark Russell Ballard ("Mark"), deceased. See Tex. Civ. Prac. & Rem. Code Ann. Â§ 51.014(a)(8) (Vernon Supp. 2004-2005). We first determine whether the Texas Tort Claims Act ("TTCA") waives governmental immunity from suit for claims based on (1) officers negligent failure to supervise Mark, who was their detainee, and (2) the Citys negligent training and supervision of its officers, its ratification of negligent handling and detention procedures, and its policies. We next determine if the TTCA waives governmental immunity from suit for negligence in failing to secure a detainee properly within a patrol car, which failure allowed the detainee to escape and, during his flight, to be struck by an oncoming car. We reverse the order and remand the cause with an instruction to grant the Citys jurisdictional plea.