- Tex. App. Dist. 2
- Justice Sue Walker
The appellant, a city, appeals the trial court's denial of its plea to the jurisdiction. Because the jurisdictional evidence presented by the city — consisting of only the two affidavits by the police officers who handcuffed the plaintiff — implicated the merits of the negligent-use-of-tangible-personal-property claim and, at most, established a fact issue on whether the officers negligently applied the handcuffs, the trial court properly denied the city's plea to the jurisdiction. The trial court's denial is affirmed. Fort Worth Court of Appeals, No. 02-12-00221-CV, 11-21-2012.