HOUSTON - A state appeals court has ruled against a woman who tried to sue the City of Houston after she was hit by a police horse during a George Floyd protest.
On Jan. 23, the 14th Court of Appeals affirmed summary judgment for Houston in Melissa Sanchez's case, originally filed in 2021 in Harris County.
Among her claims against the City was a failure to properly use tangible property. That property was a police horse ridden by officer Luis Gamez, who argued he was responding to a riot or civil disobedience.
Certain immunity would be granted to Houston if that was shown to be accurate.
Citing a Fifth Circuit decision from 2020, the 14th Court of Appeals said, "Civil disobedience enjoys a rich tradition in our nation's history. But there is a difference between civil disobedience - and civil disobedience without consequence."
It added, "Citizens may protest. But by protesting, the citizen does not suddenly gain immunity to violate traffic rules or other laws the rest of us are required to follow."
A protest on May 29, 2020, came four days after George Floyd was murdered in Minnesota by office Derek Chauvin. Responding to a call Floyd used a counterfeit $20 bill, Chauvin knelt on Floyd's neck for over nine minutes while Floyd was handcuffed.
Around 7:30 p.m. during the Houston protest on Travis Street, a police horse collided with Sanchez. She testified that she was near a sidewalk but walking "on the street."
Houston said her various claims, including "malicious and reckless conduct," were barred by the City's governmental immunity afforded to claims in which injuries arose out of a riot or civil disobedience.
To that end, Gamez testified the large crowd was "being ruthless or throwing stuff at people or at officers, so we were meant to keep them on the sidewalk and not on the street."
Gamez himself was struck in the head by an object thrown from a crowd of more than 5,000 people. Justice Brad Hart wrote "The videos of the day at issue depict a chaotic scene in downtown Houston."
Bodycam footage from mounted officer Jesus Pena showed an officer striking a protestor, who fell backwards into the arms of others. This antagonized the crowd, leading mounted officers to move toward the crowd.
As Gamez approached, Sanchez stepped into the street in his horse's path. The two collided.
"Here, it is undisputed that at the time of Sanchez’s injuries, the officers were acting in response to a protest taking place in the downtown area of Houston as a conscientious act aimed at bringing about a change against governmental policy as it relates to law enforcement’s use of force," Hart wrote.
"In particular, Gamez’s actions that injured Sanchez were taken in response to an area and situation in the middle of Travis Street where a group of police officers and a group of agitated protestors were confronting each other."