Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Texas Supreme Court hears whether off-duty Dallas officer became "on duty" while assisting Home Depot
Summary
The Texas Supreme Court heard arguments in Seward v. Santander over whether an off‑duty Dallas police officer who assisted Home Depot loss‑prevention staff switched into on‑duty status — a determination that would affect governmental immunity and whether plaintiffs’ claims are for negligent activity or premises liability.
The Supreme Court of Texas heard oral argument Tuesday in Seward v. Santander over whether Dallas Police Department Officer Seward became an on‑duty officer while working off‑duty at a Home Depot, a status that petitioners say triggers governmental immunity and substitution under the Texas Tort Claims Act.
The question could determine whether plaintiffs Santander and Almeida may pursue negligence or premises‑liability claims against Home Depot and Officer Seward, or whether the statutory election‑of‑remedies and immunity provisions require substituting the police department and bar suit against the officer.
Petitioners’ counsel David Walsh told the court the officer “received... a credible report from Painter that Juarez was committing shoplifting and that created this on duty obligation for him to respond to that crime,” arguing that a combination of the Texas Code of Criminal Procedure and the Dallas Police Department’s off‑duty policy required Seward to follow on‑duty procedures when he responded. Walsh said those procedures include…
Already have an account? Log in
Subscribe to keep reading
Unlock the rest of this article — and every article on Citizen Portal.
- Unlimited articles
- AI-powered breakdowns of topics, speakers, decisions, and budgets
- Instant alerts when your location has a new meeting
- Follow topics and more locations
- 1,000 AI Insights / month, plus AI Chat
