Legal Opinion

Eugenia Rodriguez, Individually, and as Next Friend of Alberto Torres v. Roberto Avita, City of Brownsville, Texas

Court of Appeals for the Fifth Circuit

Decided June 6, 1989No. 88-2091PublishedCited by 70 opinions

1Opinion of the Court

GEE, Circuit Judge:

This appeal requires us to determine whether a civil rights action against a municipality arising from a shooting by a police officer was properly dismissed pursuant to 12(b)(6), Federal Rules of Civil Procedure, for failure to state a claim. The pleading that we must evaluate is not prolix, and we employ its own terms to state its claims:

On or about August 29, 1980, Plaintiff’s son, Alberto Torres, became involved in an argument with his cousin, Pablo Covarrubias. Soon after the argument began, the Brownsville Police Department was called and a number of police officers…

2Cases cited6 opinions

Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
City of Canton v. HarrisSupreme Court of the United States · 1989
City of Oklahoma v. TuttleSupreme Court of the United States · 1985
James Elliott and Joseph Defley v. Leander H. Perez, Jr., Etc., Eugene E. Leon, Jr., Etc., and Frank KleinCourt of Appeals for the Fifth Circuit · 1985
City of Springfield v. KibbeSupreme Court of the United States · 1987

1 more not listed; retrieve them via the Exa API.

3Cited by70 opinions

Gibson v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1990
Joseph M. Schultea, Sr. v. David Robert Wood, David Robert Wood, Homer Ford, W.F. "Slim" Plagens and Warren K. DriverCourt of Appeals for the Fifth Circuit · 1995
Estate of Davis Ex Rel. McCully v. City of North Richland HillsCourt of Appeals for the Fifth Circuit · 2005
James Snyder, Plaintiff-Appellee-Cross-Appellant v. Sidney Trepagnier, City of New Orleans, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1998
Marilyn Greason v. Ralph KempCourt of Appeals for the Eleventh Circuit · 1990

65 more not listed; retrieve them via the Exa API.