Can a city government be held responsible for the wrongful euthanasia of an animal?

A chihuahua was wrongfully euthanatized by the Animal Care Services in Bexar County...

A:

Dogs are considered “property” under Texas case law. Section 101.021 of the Texas Tort Claims Act provides that cities are only liable for “property damage” if it is caused by “operation or use of a motor-driven vehicle or motor-driven equipment.” Otherwise, the city is immune. Individual city employees are also immune. Cases to reference: Franka v. Velasquez, 332 S.W.3d 367 (Tex. 2011) & Strickland v. Medlen.

 


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