Garza v. Harrison (Opinion)Annotate this Case
In this case in which an off-duty law enforcement officer fatally shot a suspect during the course of an attempted arrest outside his primary jurisdiction, the Supreme Court reversed the judgment of the court of appeals affirming the trial court's denial of the officer's motion to dismiss, holding that the action was an "official capacity" suit that must be dismissed under the Texas Tort Claims Act.
Plaintiffs sued the officer that killed their son in his individual capacity for wrongful death. The trial court denied the officer's motion to dismiss. The court of appeals affirmed, holding that, as a matter of law, the officer could not have been doing his job as a peace officer because a peace officer operating extraterritorially would not be obligated to make arrest under the circumstances. The Supreme Court reversed, holding (1) a licensed peace officer acting under the warrantless-arrest provision in Tex. Code Crim. Proc. 14.03(g)(2) is within the general scope of the officer's employment for purposes of Tex. Civ. Proc. & Rem. Code 101.01(f); and (2) the officer in this case was sued in his official capacity and was therefore entitled to be dismissed.