LaTasha Freeman v. American K-9 Detection Services, LLC, et al.

This Court has never held that the political question doctrine bars ordinary state-law tort actions by private plaintiffs against private defendants. Here, the Supreme Court of Texas held that it does, requiring immediate dismissal of Petitioner’s case. But the case would not have been dismissed by several other courts that employ a different rule, including the Fifth Circuit. The decision below inspired multiple dissents, one of which rightly recognized that the majority opinion “turns on a dangerous misapplication of the political question doctrine.” App. 28 (Guzman, J., dissenting). “Multiple approaches have been employed, and this case presents a prime example of the lingering uncertainty.” App. 29 (same). The split should be dealt with in this case on the simple facts of a dog bite. The question presented is whether, and if so under what circumstances, the political question doctrine bars ordinary state-law tort actions brought by private plaintiffs against private defendants.