Wagner v. Bay City Texas
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
This is an appeal of a partial denial of a motion for summary judgment. The appellant police officers argue that qualified immunity precludes Mary Wagner’s 42 U.S.C. § 1983 claims of excessive force and deliberate indifference to the need for medical attention arising from the arrest of her brother, Gilbert Gutierrez, who died in police custody. Concluding that there is no reasonable inference that the officers were objectively unreasonable, we reverse and render judgment for the defendant officers and remand for further proceedings.
I
In March 1996, Gutierrez…
2Cases cited7 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Anderson v. CreightonSupreme Court of the United States · 1987
- Estate of Phillips v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 1997
- Gutierrez v. City of San AntonioCourt of Appeals for the Fifth Circuit · 1998
- Baldwin v. StalderCourt of Appeals for the Fifth Circuit · 1998
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