Supreme Court
City of Austin v. Powell
- Case number: 22-0662
- Legal category: Governmental Immunity
- Subtype: Texas Tort Claims Act
- Set for oral argument: September 10, 2024
Case Summary
At issue in this case is whether a police officer in a high-speed chase acted with reckless disregard such that the emergency exception under the Texas Tort Claims Act does not apply and immunity is waived.
Officer Bullock was assigned as backup to pursue a suspect in a vehicle chase. He was following Officer Bender who slowed down suddenly to make a right turn based on the radio report of the suspect’s location. Bullock rammed into the back of Bender’s vehicle, causing the two police cruisers to crash into Powell’s van sitting at the stop sign.
After Powell sued the City, the trial court denied the City’s plea to the jurisdiction based on the Texas Tort Claims Act’s emergency exception. The court of appeals affirmed, concluding that Bullock’s failure to maintain a safe following distance, combined with his inattention and failure to control his speed, create a fact issue on recklessness. The City filed a petition for review in the Supreme Court, challenging the court of appeals’ analysis. The Court granted the petition.
Case summaries are created by the Court's staff attorneys and law clerks and do not constitute the Court’s official descriptions or statements. Readers are encouraged to review the Court’s official opinions for specifics regarding each case. Links to the full case documents are included above.