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Police Officer Sues Protesters at Abortion Clinic

Members of an unincorporated association are not necessarily responsible for fellow members' misconduct.

Texas
State:
Key point. Members of an unincorporated association are not necessarily responsible for the misconduct of other members, unless they participated in or ratified those actions.

The Texas Supreme Court ruled that the members of an unincorporated association are not necessarily responsible for the misconduct of their fellow members. A police officer was injured while attempting to carry away a protester at an abortion clinic. He later sued twelve other persons who were engaged in the protest. A trial court dismissed the lawsuit and the police officer appealed. A state appeals court ruled that the protesters could be liable for the injuries caused by the protester who was being moved. It based this conclusion on the basis of the principle that members of an unincorporated association are liable "for the negligence of other members or the negligence of the association itself." The state ...

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Posted:
  • July 1, 1997

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