Instructional Controversy
In the A-2005 DPS Recruit School, Ballarta was the instructor during full-contact fighting training called "Active Countermeasures". During this fight, Trooper Trainee Jimmy Carty was fatally injured, dying 10 days later. According to sworn statements, Ballarta was informed of the mis-match in skills of Carty and his opponent, but refused to schedule a different opponent. Ballarta was also the referee during this match and had several opportunities to end the match when it was apparent that Carty was overwhelmed. Since this incident, the DPS had an outside consultant review the training program. After review, the program was modified to mirror the Arrest and Control Tactics of FLETC. The widow of Jimmy Carty has filed a "wrongful death" lawsuit against the DPS.
Case no. 11-40253, Christy Carty V. Texas Department of Public Safety, et al. has a final disposition filed with the 5th Circuit Court on March 14, 2012. Document: 00511788802 indicates the case was dropped. "For the reasons above, we REVERSE and RENDER in favor of Defendants on the remaining claim against them based on qualified immunity. We REMAND for further proceedings consistent with this opinion." 6 This court ruled that the district court abused its discretion in not addressing Defendants’ motion for Plaintiff to file a reply under Fed. R. Civ. P. 7(a) to Defendants’ answer raising the qualified immunity defense and instructed the district court to order Plaintiff to file such a reply."
Read more about this topic: Erwin Ballarta
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