Harris County, Texas v. Annab (Opinion)Annotate this Case
Harris County, the employer of deputy constable Kenneth Caplan, was entitled to governmental immunity on Plaintiff’s claim that the County used tangible personal property when Caplan shot Plaintiff.
Caplan was off duty and used his personal firearm when he struck and injured Plaintiff. Attempting to trigger the Tort Claims Act’s limited waiver of governmental immunity, Plaintiff alleged that the County’s use of tangible personal property caused the injuries she suffered when Caplan shot her. The trial court granted the County’s plea to the jurisdiction and dismissed the case. The court of appeals found that Plaintiff failed to establish a waiver of the County’s immunity but remanded the case to allow Plaintiff to replied and conduct more discovery. The Supreme Court affirmed in part, reversed in part, and rendered judgment for the County, holding that Plaintiff’s allegations failed to trigger the Texas Tort Claims Act’s waiver of the County’s governmental immunity, and neither further discovery nor repleading could cure this defect.