Joseph O. Lopez v. The City of El Paso

Summary

The Eighth District Court of Appeals of Texas affirmed an order granting the City of El Paso’s plea to the jurisdiction in Joseph O. Lopez’s claims arising from police officers’ use of force during his arrest. The court held that the alleged conduct constituted intentional assault and battery, rather than negligence involving the use or misuse of tangible personal property, and therefore fell within the Texas Tort Claims Act’s intentional-tort exclusion. The court concluded that the pleadings did not establish a waiver of the City’s sovereign immunity.

Holdings

1. The first amended petition did not allege facts establishing a waiver of the City's sovereign immunity because the alleged conduct constituted intentional torts excluded by Texas Civil Practice and Remedies Code section 101.057.
2. The trial court did not err by granting the City's plea to the jurisdiction.

Questions Presented

1. Whether Lopez's first amended petition alleged facts sufficient to establish a waiver of the City's sovereign immunity under the Texas Tort Claims Act.
2. Whether the substance of Lopez's allegations constituted intentional assault and battery excluded from the Texas Tort Claims Act, notwithstanding his characterization of the claims as negligent use or misuse of tangible personal property.

Disposition

affirmed