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speedsix wrote:...if an electrician, for instance, was given an order to disconnect service at 1234 Smith Street and went to 5678 Jones Street and disconnected service, and harm to the occupants, property, or even pets occurred, he would be negligent and liable...so should the PD on this one for the wrong street and wrong house number and what happened following...unless the law clearly says that city government is immune to civil liability...I doubt that there is in Texas such blanket immunity...I know that in La. there is not...cities have been sued and made to pay damages for the negligent/ignorant/unlawful actions by PD personnel there..Texas may be different...

Speed,
I agree with you that it should be negligence, but I don't think it would be viewed as such by the courts. IANAL so take this for what it's worth. Louisiana (being French)actually has a different basis for laws and does not go by English Common Law. There are cases where suits are brought against goverments in Texas but it is very difficult to prevail and is based on limited circumstances. Go to Tort Reform Act of 1969.

speedsix wrote:

puma guy wrote:he thought it was a pit bull.............. canine profiling!
Unfortunately the officer, the PD and the city are all protected from any suit unless negligence is proven. In Texas Governments CAN destroy and damage your property with impunity. Unless a vehicle is involved or there is negligence or defective equipment you are toast for any recovery for damages.

...I'd like to read that in the law, do you know where it's found? Negligence is in play here since he was neither on the street or at the house number he was sent to...other things like inadequate training may show negligence...I hope they have some legal recourse...

I think it would be difficult to prove negligence by arriving at the wrong location. There are many cases of PD breaking down doors at the wrong location with no consequences. It happened in the wee hours of night in my fair city years ago. It was about the time 911 was first implmented and the poor folks called and were told to surrender . The culprit the police were looking for heard all the commotion on the next street over and split. Governments have soverign immunity except in special cases. My friend in McQueeny found out the hard way in his suit against Guadalupe-Blanco River Authority. He argued up to the Texas Supreme Court and lost. As he now says "the government is King and can do no wrong." I know this is all anecdotal, but you can see Avery VS. GBRA.
I do not have the law, but I know there were changes made in 1969 and 1987 expanded liability for governments a little from English Common Law which prevails that like a King government can do no wrong. Perhaps a real attorney will chime in here and explain far better than I.

he thought it was a pit bull.............. canine profiling!
Unfortunately the officer, the PD and the city are all protected from any suit unless negligence is proven. In Texas Governments CAN destroy and damage your property with impunity. Unless a vehicle is involved or there is negligence or defective equipment you are toast for any recovery for damages.