Lawsuit over police shooting of Waco couple’s dog dismissed

The 10th State Court of Appeals in Waco on Thursday dismissed a lawsuit filed by Cassandra Page and Matthew Vasquez, overturning a decision by Judge Jim Meyer of the 170th State District Court in Waco that denied a request to dismissal filed by the city on grounds of jurisdictional immunity.

A nine-page ruling written by 10th Circuit Court of Appeals Chief Tom Gray, joined by Judges Matt Johnson and Steven Smith, prevents Page and Vasquez from re-filing the lawsuit.

INCIDENT happened on June 3, 2023, after a dispatch error sent officers to a burglary call at an address on North 20th Street, rather than the proper address one block away on North 20th A , where the call was made. The department’s dispatch system “auto-corrected” the address to exclude A, police said at the time.

Responding officers saw an open back door and entered the yard of the home on North 20th, where several dogs, including Page and Vasquez’s Labrador, Finn, ran toward them from inside the home, police reported at the time.

Officers’ body camera footage released shortly after the incident showed the officers entering the backyard with their guns drawn. Police previously said the open back door lined up with information from the 911 call. The video shows Finn jumping at one of the officers twice and at the time the officer fired, followed by a confused Page leaving the home.

Page and Vasquez rushed Finn to an emergency clinic, but the injuries proved fatal.

couple retained attorney Bradrick Collinswho publicly argued that Finn’s actions were protective rather than aggressive and questioned the officer’s decision to use lethal force. Collins previously highlighted the emotional distress his clients experienced and Finn’s role as a beloved pet and part of their family.

Governmental immunity under Texas law shields municipalities from lawsuits, along with their agents when performing official duties, unless a statutory exception applies.