Houston Police Department Southwest substation. Credit: Google Discretionary or Ministerial? Court Split on Immunity in Woman's Death
"Ordinary driving, unlike the pursuit and apprehension of suspects or an urgent backup-call response, does not require an officer to perform law enforcement functions involving discretion," the First Court of Appeals majority opinion read.
April 07, 2023 at 03:02 PM
4 minute read
The First District Court of Appeals, in a split decision, ruled an officer's conduct was ministerial—and therefore not protected by governmental immunity—when a woman in custody died in a traffic accident.
A drunk driver struck the officer, causing the woman to be ejected from the back seat. The woman's parents filed a wrongful death suit, alleging negligence, because the officer did not restrain her with a seat belt while she was in protective custody and handcuffed. They argued that by not restraining her with the seat belt, Gonzales violated police department policy.
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