TCAA/TML Legal Defense Program: Amicus Briefs and Comments Filed

TCAA, in conjunction with the Texas Municipal League, files amicus briefs and comments in support of cities on many issues. To keep up to date on the status of these issues, go to https://www.tml.org/p/AmicusBriefUpdate_071218.pdf.

Immunity: CKJ Trucking v. City of Honey Grove, No. 15-18-00205-CV, in the Fifth Court of Appeals of Texas. TML and TCAA filed an amicus brief in support of the City of Honey Grove. In this case, an off-duty Honey Grove police officer in his personal vehicle attempted to make a U-turn on a highway to perhaps assist another law enforcement officer with a traffic stop. The Honey Grove officer couldn’t see anyone in the area of the stop, but did not witness a crime taking place. The officer was rear-ended by a large truck and sued his city under the Texas Tort Claims Act. The trial court rules that the city has immunity from such a claim. In the court of appeals, TML and TCAA argued that, at the time of the accident, the officer was neither an “employee” nor was he acting “in the course and scope of his employment.” Thus, the city retains immunity.  The brief was filed on July 6, 2018.

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