concurring.
I agree that the operative petition states a cause of action both for the breach of the duty to protect the victim, Teena Brandon, and for intentionally inflicting emotional distress upon her. I write separately because in my view the allegations as to the conduct of the defendants, Sheriff Charles B. Laux and the County of Richardson, are more compelling in asserting a breach of the duty to protect than are the allegations concerning the assistance that the victim promised in the prosecution of the perpetrators, John Lotter and Marvin Nissen.
The victim avers she complained of her abduction, assault, and rape to Laux and his agents and reported as well the perpetrators’ threat to “ ‘silence her permanently’ ” were she to inform anyone as to what was done to her. The petition further asserts that the investigation corroborated the victim’s complaint; that Laux nonetheless decided not to arrest the perpetrators; that notwithstanding Laux’s knowledge of the perpetrators’ threat, he told them of the victim’s complaint; and that he failed to make the victim aware that the perpetrators had been questioned but had not been arrested.
I submit that under those allegations, Laux violated his duty to protect the victim regardless of her agreement to assist in the prosecution. Notwithstanding his knowledge of the threat to the victim’s life, Laux informed the perpetrators of the victim’s complaint; it seems to me that the moment the perpetrators were made so aware, Laux acquired a duty to protect the victim. If the allegations are proved, by talking with the perpetrators but not arresting them, Laux laid an essential link in the chain that led to the victim’s death.