Legal Opinion

Constance Westfall v. Jose Luna

Court of Appeals for the Fifth Circuit

Decided September 13, 2018No. 16-11234; C/w 16-11708PublishedCited by 257 opinions

1Per curiam

Police officers arrived at Constance Westfall's home at 2:00 a.m. to investigate allegations made against her son of trespass into a neighbor's home. What could have been a simple inquiry quickly escalated, resulting in one officer entering Westfall's home, two officers forcing and holding her to the ground, and Westfall's arrest for interfering with the officers' public duties. Because we conclude that genuine fact issues exist as to whether certain of the officers' actions were objectively reasonable, we REVERSE and REMAND the district court's grant of summary judgment to Officers Nathaniel…

2Cases cited56 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  4. Graham v. ConnorSupreme Court of the United States · 1989
  5. Scott v. HarrisSupreme Court of the United States · 2007

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3Cited by257 opinions

  1. Kathy Dyer v. City of Mesquite TexasCourt of Appeals for the Fifth Circuit · 2020
  2. Angie Waller v. City of Fort Worth Texas, eCourt of Appeals for the Fifth Circuit · 2019
  3. Sidney Arnold v. Steven WilliamsCourt of Appeals for the Fifth Circuit · 2020
  4. Batyukova v. DoegeCourt of Appeals for the Fifth Circuit · 2021
  5. Buehler v. DearCourt of Appeals for the Fifth Circuit · 2022

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