The Texas Supreme Court noted that it had recently observed that the determining factor of whether an officer is within the scope and course of employment is not whether he or she is on or off duty. (Credit: Jaromir Chalabala/Shutterstock)
The Texas Supreme Court has held that a deputy sheriff who was killed in an accident while driving his marked patrol vehicle home from an extra-duty assignment was acting within the course and scope of employment because he was engaged in a law enforcement activity.
The accident
Ruben Orozco, a sergeant with the El Paso County Sheriff's Department, was killed instantly when a wheel from another vehicle came loose and crashed through his patrol car windshield. At the time of his death, Orozco was assigned to a patrol division and was a leader on the department's crisis negotiation team. He was assigned a marked patrol car as a take-home vehicle due to his rank and work on the crisis team.
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