Legal Question in Personal Injury in Texas

Police Negligence

Police were executing a valid arrest warrant when they entered the home. The arrestee was a licensed security guard. The police new this because they asked him about his service belt laying on the bed next to him. He was informed of the reason for the arrest. The arrestee told the police he could go to jail and would rather kill himself. The police told him, ''you do what you have to do'' and exited the bedroom without detaining the arresstee. As they exited they informed the family he had a gun went outside and waited while the father entered the room and attempted to wrestle the gun from the arrestee. The arresstee shot himself in the chest and died on the floor while the police waited outside. Understanding there may be some immunity issues does this still sound like a case that should be litigated.


Asked on 11/12/07, 11:59 am

1 Answer from Attorneys
Chuck Cowan The Law Offices of C.D. Cowan, P.C.

Re: Police Negligence

This is a very interesting fact pattern. My initial response, without completetly researching potential immunities or existing common law, would be that an "arrest" had probably taken place and the offices had a well defined duty at that point to protect him from himself. You should be VERY careful withe Statute Of Limitation on this case. My suggestion is to contact a firm with experience in the civil rights area of the law. There are several very good ones here in Texas. Our firm will be happy to recommend one nearest you.

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Answered on 11/12/07, 12:10 pm


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