Here’s an analysis of Seward, Home Depot U.S.A., Inc., and Point 2 Point Global Security, Inc. v. Santander et al. (No. 23-0704, decided May 9, 2025) from the Texas Supreme Court. The court's opinion is available by clicking here. 

The Facts

  • Off-duty Dallas Police Officer Chad Seward, working as a security guard at Home Depot (via Point 2 Point Global Security), responded to a suspected shoplifting incident.
  • The suspect, Armando Juarez, was detained based on information from a Home Depot employee. During the process, officers failed to fully search or restrain Juarez.
  • When backup officers Santander and Almeida arrived, Juarez produced a gun, killing Officer Santander, wounding Almeida, and injuring a Home Depot employee. Juarez was later convicted.

The Lawsuit

  • Santander’s family and Almeida sued Seward, Home Depot, and Point 2 Point for wrongful death and personal injury, arguing they failed to properly search, restrain, and supervise Juarez, and failed to warn the responding officers of the risks.
  • Seward sought dismissal under the Texas Tort Claims Act, claiming he acted within his official capacity as a police officer.
  • Home Depot and Point 2 Point sought summary judgment, arguing they owed limited duties to the officers under the "public-safety officer’s rule" (sometimes called the “firefighter’s rule”).
  1. Was Seward acting within the scope of his employment as a police officer, making him immune from individual civil liability?
  2. Should Texas formally adopt the public-safety officer’s rule, limiting lawsuits by officers injured in the line of duty due to the very risks that brought them to the scene?

The Court’s Holdings

1. Scope of Employment (Tort Claims Act)

  • The Court said yes: Seward was acting as a police officer, even off-duty, because he was responding to a suspected crime, which by statute and police policy he was required to do.
  • The Court found reasonable suspicion for theft, and that responding to it—even if initiated by the private employer—was still a police function.
  • Therefore, under the Texas Tort Claims Act, only the governmental unit (the City) can be sued for Seward’s work-related conduct—not Seward himself, nor his security employer.

2. Public-Safety Officer’s Rule

  • The Court adopted the rule, holding that property owners and others generally do not owe a duty of ordinary care to police officers (or other public-safety officers) for injuries caused by the very hazards the officers are called to deal with.
  • The rationale is public policy: Society wants citizens to call for help without fear of being sued, and officers are trained and compensated (through things like workers’ comp) to face these risks.
  • There are exceptions: The rule does not shield grossly negligent, willful, or wanton conduct, nor does it apply to dangers unrelated to the reason for the officer’s presence, or to injuries caused by actions after the officer arrives (e.g., failing to warn of a hidden danger).

3. Application to This Case

  • The Court held that Home Depot, Painter, and Point 2 Point were not liable to the officers under ordinary negligence theories. The risk that Juarez might have a concealed weapon was precisely the professional hazard officers are trained for.
  • Home Depot’s “no touch” policy (not searching or restraining suspects) did not create a special duty to the responding officers.
  • There was no evidence that Home Depot or its employees actually knew Juarez was armed, nor did they make any misrepresentations about the risk.

Key Takeaways

  • For police and fire cases in Texas, the “public-safety officer’s rule” now limits lawsuits by officers against those whose ordinary negligence caused the emergency.
  • Off-duty police officers working security are still acting in their official capacity when responding to crimes, and get governmental immunity protections.
  • Employers and property owners have a limited duty: They must warn officers of hidden dangers if they actually know about them and have an opportunity to warn. But they are not generally liable for failing to prevent the risks that are inherent in police work.

Why It Matters

This case is a major precedent for Texas law, clarifying that:

  • Off-duty officers in uniform have official immunity when acting as police, not as private security.
  • Businesses and their employees are protected against most civil suits by police officers for injuries encountered in the line of duty, so long as their conduct is not grossly negligent and they don’t hide known dangers.
  • The court’s analysis puts Texas in line with most other states.

 

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