Action for Negligently Placing Handcuffs Too Tightly May Proceed

Civil Rights lawyer Austin Texas

Dec 6, 2012 — by Jeff Mundy
Tags: Civil Rights

Thus, to the extent the police officers' affidavits constituted jurisdictional evidence, that evidence implicated the merits of Gordon's claim (whether or not the handcuffs were properly or negligently applied) and, at the very most, raised a fact issue on whether the officers negligently applied the handcuffs to Gordon. See Miranda, 133 S.W.3d at 227. To hold otherwise would completely eviscerate the limited waiver of immunity set forth in section 101.021; virtually every time a state actor allegedly negligently used tangible personal property, section 101.021's specific, limited waiver of immunity for this type of conduct could be defeated based solely on an affidavit by the state actor alleging that he or she in fact intentionally intended to use the tangible personal property and intentionally intended to use it in the manner that he or she used it. Accordingly, because the jurisdictional evidence presented by the City-consisting of only the two affidavits by the police officers who handcuffed Gordon-implicated the merits of Gordon's negligent-use-of-tangible-personal-property claim and, at most, established a fact issue on whether the officers negligently applied the handcuffs to Gordon, the trial court properly denied the City's plea to the jurisdiction. See Miranda, 133 S.W.3d at 277.

City of Wautauga v. Gordon, (Tex. App. - Fort Worth, 2012).

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