The Texas Supreme Court on Friday dismissed a lawsuit determining whether an off duty Dallas police officer’s conduct was within the scope of his employment.
The higher court’s decision reinforces the legal protections for police officers when performing official duties – even while off-duty – and protects businesses and individuals from civil claims if a police officer is injured when responding to suspected crimes.
A central issue in the case was whether off-duty Dallas police officer Chad Seward, who was working as a security guard for Hope Depot at the time, was performing official police duties when he confirmed a warrant on Armando Luis Juarez, who opened fire on officers soon after.
“Objectively, Seward was doing his job and performing his peace-officer duties to prevent or suppress a specific offense against property that he had reasonable suspicion a person in his presence was committing or about to commit,” Justice John Devine wrote on behalf of the court.
In an opinion released Friday, Devine argued Seward had reasonable suspicion that Juarez was committing theft. He also said that under Texas law, an officer has a “statutory duty” to interfere and prevent a suspected crime – even when off duty and in private employment.
The higher court also agreed to adopt a principle known as the “firefighter’s rule.” It's a legal restriction that prevents emergency responders from suing over things that happen in the line of duty and protects Home Depot from suit.
Scott Palmer -- an attorney for the Santander family called the rule dangerous for first responders in an email to KERA News.
“The Texas Supreme Court has made it more likely that the tragedy in this case will be repeated by essentially immunizing premise owners for negligently injuring first responders called to their premises,” Palmer said. “In this case, corporate interests and insurance companies have prevailed over first responders. It’s a sad day for Texas and Texans.”
The incident at the center of the case happened at the Home Depot where Seward was working as a security guard on April 24, 2018. Loss prevention employee Scott Painter asked Seward to issue a criminal trespass warning to Juarez, whom Painter said was acting suspiciously. Seward called police dispatch and police told him Juarez might have an outstanding arrest warrant.
Two officers — Rogelio Santander Jr. and Crystal Almeida — went to the store to provide backup. Once the warrant was confirmed and Almeida attempted to arrest Juarez, he pulled a gun from his front pocket and shot Santander, who died at a hospital the next day. Juarez also shot and injured Almeida and Painter.
Santander’s family and Almeida later sued Seward, Home Depot and Point 2 Point, the company employing Seward. They argued Seward should not have tried to detain Juarez for criminal trespass in the first place since he was off duty.
An attorney for Home Depot previously argued the company is not liable for the shooting or for Seward’s actions, citing a principle known as the “firefighter’s rule” that they said protects the company from litigation. That legal restriction prevents emergency responders from suing over things that happen in the line of duty.
A trial court sided with Home Depot on that argument, but the Dallas-area Fifth Court of Appeals partially reversed some of the lower court’s judgement. They argued Seward’s conduct might have been private because he was working for a private company at the time.
The Texas Supreme Court rejected this view, holding that all of Seward’s actions were within his police duties. They also reinstated the trial court’s decision to dismiss all claims against Seward, Point 2 Point and Home Depot.
Penelope Rivera is KERA's breaking news reporter. Got a tip? Email Penelope Rivera at privera@kera.org.
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