Mesquite, TX asked in Personal Injury, Constitutional Law, Gov & Administrative Law and Libel & Slander for Texas

Q: Texas, 2002, report of Class C offenses by municipalities to DPS was optional. Does that make it a proprietary function?

Proprietary function as defined in the Texas Tort Claims Act. The report itself was completely false, as in added in error. No such arrest was made, yet it was entered and cleared 2 more stages of review before being transmitted beyond the municipality.

The entry made it all the way to my FBI record. Abandonment/Endangerment of a child. The state profitted from the sale of the data to background check companies who subsequently caused me to be held in jails longer, lose jobs, be denied jobs, be evicted from my apartment, and denied other housing.

The date of the entry I had turned myself in for traffic warrants. I have never been involved with any crimes related to children.

So, is submitting this data a proprietary or government function?

1 Lawyer Answer
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Schenectady, NY
  • Licensed in Texas

A: This question relates to municipal liability and asks if a governmental function done ineptly or negligently by the municipality reverts to a proprietary function (a mo-and-pop-shop) so that liability attaches and no claim of governmental immunity stands.

We do not get nearly enough information here to answer this question. A municipality is free to decide to make reports or not make reports. Failing to do so or doing so is not a negligent act that shifts away government immunity from suit.

There may be more than meets the eye going on here, but the asker does not provide us this information.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.