Flores v. City of Palacios

BENAVIDES, Circuit Judge:

Officer Wilbert Kalina appeals the district court’s denial of his motion for summary judgment. On the evening of July 16, 2002, Kalina sought to detain Erika Flores because she was parked on the wrong side of the road and because, when he shined a spotlight on her car, several people fled from the vicinity. Flores did not respond to Kalina’s repeated commands that she stop and instead drove away. Kalina shot her car to prevent her escape. When Flores stopped, Kalina arrested her for evading detention.

Flores sued Kalina and the City of Pa-lacios pursuant to 42 U.S.C. §…