Tamez v. City of San Marcos

EMILIO M. GARZA, Circuit Judge:

In this case, a magistrate judge granted judgment as a matter of law in favor of defendant Daniel Misiaszek, voiding a $275,-000 civil jury verdict against him on the basis of official and qualified immunity. Plaintiffs, the survivors of Felix Tamez, appeal the magistrate’s grant of judgment as a matter of law. Because we find that Misiaszek was immune from suit under both federal and state law, we affirm.

I

San Marcos Police Officer Daniel Misiaszek, with three other police officers, responded to a “shots fired” call at a private residence at around 9:30 one…