City of Watauga v. Gordon (Opinion)Annotate this Case
Russell Gordon was stopped by City of Watauga police officers and arrested. Gordon subsequently sued the City for injuries to his wrists caused by the officers' use of handcuffs. The City filed a plea to the jurisdiction, asserting that it was immune from suit under the intentional-tort exception to the Tort Claims Act’s governmental immunity waiver. The Act waives sovereign immunity for certain negligent conduct but does not waive immunity for claims arising out of intentional torts, such as battery. The court of appeals affirmed, concluding that the underlying claim was for negligence, and therefore, the City was not entitled to immunity. The Supreme Court reversed and dismissed the case, holding that the underlying claim was for battery, not negligence, and the City’s governmental immunity had not been waived for this intentional tort.