Harris County, Texas, Petitioner v. Michael Curtis Dillard, Respondents

Summary

The Texas Supreme Court held that a governmental unit is not liable under the Texas Tort Claims Act for the negligent actions of a volunteer reserve deputy who is not a paid employee, and therefore reversed the lower courts' judgments. The Court emphasized that the statutory definition of "employee" requires a paid relationship and that expanding liability beyond the text is a legislative matter. Two dissenting opinions argued that volunteers performing the duties of paid employees should be treated as employees for liability purposes and called for reversal or remand. The dissenting justices contended that the majority’s interpretation unduly shields the government from responsibility.