Linbrugger v. Abercia

EDITH H. JONES, Circuit Judge:

This is an interlocutory appeal of the district court’s denial of a motion for summary judgment seeking qualified immunity. Wayne Michael Linbrugger filed suit pursuant to 42 U.S.C. § 1983, alleging that appellant Deputy Jeff Haggard, while executing a mental health warrant, unlawfully entered Linbrugger’s apartment and used excessive force to effectuate a temporary commitment order. Linbrugger included an assault claim against Haggard under Texas law. The district court believed that genuine issues of material fact precluded granting Haggard’s summary judgment…