Austin to argue city’s immunity from suit at Supreme Court

Attorneys for the city of Austin will attempt to convince the Texas Supreme Court this morning that two Austin police officers chasing a suspect did not act with “reckless disregard” during an emergency so that the city is still immune from suit under the Texas Tort Claims Act.

So far, the trial court and the 3rd Court of Appeals have rejected the city’s arguments, finding that the city is not immune from a claim of recklessness and might be found liable for damages when a civilian was badly injured in a crash. If the Supreme Court confirms the rulings of the lower courts, the case will go back to the Travis County District Court Judge Amy Clark Meachum. She will finally decide whether two officers, Brandon Bender and Michael Bullock, chasing the suspect acted recklessly when they caused the collision with the plaintiff, Noel Powell. The collision occurred in September 2018.

According to Powell’s lawsuit, he was stopped at a stop sign on Brandt Road in Southeast Austin, waiting to turn onto Bluff Springs Road, when two police vehicles “crashed into his vehicle with such force that the collision caused Powell’s vehicle to turn 180 degrees. When the collision occurred, Bullock and Bender were in pursuit of a fleeing suspect, with Bullock’s vehicle following immediately behind Bender’s vehicle.”

The APD report on the crash said that “Bullock’s ‘driver inattention’ and ‘failure to control speed’ were contributing factors” in the collision.

Powell sued the two officers involved in the collision and the city for negligence. The city filed a plea to the jurisdiction, asserting that the city was immune from suit under the “emergency exception” to the Texas Tort Claims Act. Following a hearing, the district court denied the plea. The city then appealed.

The Court of Appeals ruling states, “We conclude that there is at least a fact issue regarding jurisdiction and will therefore affirm the district court’s order.”

Since that collision, Bullock has become president of the Austin Police Association.

Speaking to Fox 7 news in June about another chase that included a collision, Bullock said, “Austin (Police), we have a pretty sound pursuit policy that takes into consideration public safety. And it puts in balance what’s worth pursuing, and then what ultimately is a risk to the public.”

Attorney Geoffrey N. Courtney represents Powell and Assistant City Attorneys Ariane Arth and Hannah Vahl represent the city of Austin.

The city of Houston will also be arguing in front of the Texas Supreme Court this morning about the same issue. Two people were injured when a Houston police officer engaged in a high-speed chase collided with their vehicle. The city of Houston, like the city of Austin, has argued that it is immune from such legal actions. However, they have come up short with that argument so far.

Photo made available through a Creative Commons license.

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