Police Dept or City in Texas

[gaoneal]

In the State of Texas, when placing a suit against the Police Dept which is a City Police Dept, which do you actually place the law suit against, the city or The Police Dept?

 

[JETX]

In the State of Texas, when placing a suit against the Police Dept which is a City Police Dept, which do you actually place the law suit against, the city or The Police Dept?

You would sue the city.
But, you first have to get their permission.

From the TX Civ Prac & Rem Code:
Sec. 101.021. GOVERNMENTAL LIABILITY
A governmental unit in the state is liable for:
(1) property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if:
(A) the property damage, personal injury, or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment; and
(B) the employee would be personally liable to the claimant according to Texas law; and

(2) personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law.

 

[BOR]

But, you first have to get their permission.

Why is permission needed??

 

[You Are Guilty]

Sovereign immunity comes to mind.