Price v. City of San Antonio

Appellant Scott Price appeals the district court’s dismissal of his claims under 42 U.S.C. § 1983. 1 For the reasons below, we affirm. We modify, however, the dismissal of Price’s false arrest and prosecution claims so that they are dismissed without prejudice.

I. Background

On October 31, 2001, Price was involved in an altercation with an uninvited visitor to his apartment. A neighbor contacted the police, and Harold Rainey and John Garcia, both San Antonio police officers, responded. Price’s complaint alleges that, immediately after Officers Rainey and Garcia arrived, they began to beat him…