Shomari Staten v. City of Carrollton

W. EUGENE DAVIS, Judge: *

Officer David Tatom (Defendant or Ta-tom) challenges the district court’s denial of qualified immunity to him for his search, seizure, and alleged use of excessive force against Plaintiff Shomari Staten (Plaintiff or Staten). For the reasons given below, we REVERSE the district court’s denial of qualified immunity for the search and seizure and AFFIRM its denial of qualified immunity on the excessive force claim, and its order denying summary judgment on Plaintiffs state law claims.

I. FACTS

Plaintiff owns a used car business in Garland, Texas. In February 2009 he sold…