Intentional Torts Under the Texas Tort Claims Act (TTCA)

Recently, in TEXAS DEPARTMENT OF CRIMINAL JUSTICE-COMMUNITY JUSTICE ASSISTANCE DIVISION v. LUZELMA CAMPOS, BETTY JO GONZALEZ, AND MISTY VALERO, No. 11-0728, the Texas Supreme Court reviewed a case under the Texas Tort Claims Act involving two particular provisions of the Texas Statute – (1) that the statute bars claims for intentional torts against the State and (2) that any negligence claims for personal injury against the State generally must flow from the use of “tangible personal property.”

In this case, the plaintiffs allege they were sexually assaulted while in a state facility and that, while this assault was taking place, the employee committing the assault used a piece of property (a cart) to block the door.

The Texas Supreme Court held that this fact pattern was really about the intentional tort, not the incidental use of personal property, which “was only used with intent to accomplish the assaults of which the Plaintiffs complain.” Furthermore, the Court stated that “the Plaintiffs’ claim based on negligent conduct do not involve the use of tangible property.” For that reason, the Court held that the suit was barred.

If you or your loved one has suffered a serious injury by someone, you may be entitled to bring a personal injury claim or lawsuit against them to receive compensation for your physical, psychological, and or economic injuries. Call Gary E. Patterson, P.C. today at (713) 223-3095 for a FREE consultation.

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