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University of Texas at El Paso v. Moreno8/25/2005
m liability. State v. Terrell, 588 S.W.2d 784, 788 (Tex. 1979); Barefield v. City of Houston, 846 S.W.2d 399, 405 (Tex. App.--Houston [14th Dist.] 1992, writ denied). The "method" of performing an act refers to the governmental decision or plan for providing police or fire protection. Terrell, 588 S.W.2d at 788; Barefield, 846 S.W.2d at 405. The government is not liable for any injury or death resulting from a government's decision to use only minimal police efforts to control a riot or to control crime in a particular area of a city. Terrell, 588 S.W.2d at 788; Barefield, 846 S.W.2d at 405. If, however, an officer or employee acts negligently in carrying out that policy, government liability may exist. Terrell, 588 S.W.2d at 788; Barefield, 846 S.W.2d at 405.
F. Tortious Acts of Third Parties
Further, the injuries Appellee suffered were the result of criminal acts of third parties. The State is immune from liability for intentional torts committed by third parties. A governmental entity is exempt from liability for intentional torts "arising out of assault, battery, false imprisonment, or any other intentional tort . . . ." Tex. Civ. Prac. & Rem. Code Ann. ยง 101.057 (Vernon 2005). Appellee is clearly complaining of injuries that occurred as a result of the deliberate destructive behavior of the crowd which, we note, included Appellee as a participant.
Given the above, we sustain Appellants' sole issue on appeal and render judgment in favor of Appellants. The order of the trial court denying the plea to the jurisdiction and dismissing suit is reversed and judgment is rendered in favor of Appellants.
Before Barajas, C.J., McClure, and Ables, JJ.
Ables, J., sitting by assignment
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