RQ-0255-KP

Re

While Texas Code of Criminal Procedure article 2.13 imposes a duty on peace officers to prevent and suppress crime, policies that encourage officers to seek alternative methods of pursuit in an attempt to ensure the safety of the public and law enforcement officers generally do not conflict with this duty.

An officer observing a governmental employer's no-chase policy is unlikely to incur personal liability for harm caused by a fleeing offender. In instances when an officer exercises discretion under a no-chase policy, the officer will likely qualify for official immunity. In circumstances where official immunity does not apply, an officer will have other defenses, as courts have generally held that an officer has no legal duty to arrest a suspect to prevent third-party injury. Further, subsection 101.106(±) of the Texas Tort Claims Act entitles a governmental employee.to dismissal if a suit is based on conduct within the scope of their employment and could have been brought under the Act against the governmental unit.